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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3857 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
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720 ILCS 5/10-2 | from Ch. 38, par. 10-2 |
720 ILCS 5/12-2 | from Ch. 38, par. 12-2 |
720 ILCS 5/12-3.05 | was 720 ILCS 5/12-4 |
720 ILCS 5/24-1 | from Ch. 38, par. 24-1 |
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Amends the Criminal Code of 2012. In the statutes concerning aggravated kidnaping, aggravated assault, aggravated battery, and unlawful use of weapons, deletes references to "hooded" and replaces with "cloth" so that the offense is committed when the person commits the proscribed act when he or she wears a cloth, robe, or mask to conceal his or her identity. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 2012 is amended by changing |
| 5 | | Sections 10-2, 12-2, 12-3.05, and 24-1 as follows:
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| 6 | | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
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| 7 | | Sec. 10-2. Aggravated kidnaping.
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| 8 | | (a) A person commits the offense of
aggravated kidnaping |
| 9 | | when he or she commits kidnapping and:
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| 10 | | (1) kidnaps with the intent to obtain ransom from the |
| 11 | | person
kidnaped or from any other person;
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| 12 | | (2) takes as his or her victim a child under the age of |
| 13 | | 13 years, or a person with a severe or profound |
| 14 | | intellectual disability;
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| 15 | | (3) inflicts great bodily harm, other than by the |
| 16 | | discharge of a
firearm, or commits another felony upon his |
| 17 | | or her
victim;
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| 18 | | (4) wears a cloth hood, robe, or mask to conceal or |
| 19 | | conceals his or her identity;
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| 20 | | (5) commits the offense of kidnaping while armed with a |
| 21 | | dangerous
weapon, other than a firearm, as defined in |
| 22 | | Section 33A-1 of this
Code;
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| 23 | | (6) commits the offense of kidnaping while armed with a |
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| 1 | | firearm;
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| 2 | | (7) during the commission of the offense of kidnaping, |
| 3 | | personally
discharges a firearm; or
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| 4 | | (8) during the commission of the offense of kidnaping, |
| 5 | | personally discharges
a firearm that proximately causes |
| 6 | | great bodily harm, permanent
disability, permanent |
| 7 | | disfigurement, or death to another person.
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| 8 | | As used in this Section, "ransom" includes money, benefit, |
| 9 | | or other
valuable thing or concession.
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| 10 | | (b) Sentence. Aggravated kidnaping
in violation of |
| 11 | | paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a |
| 12 | | Class X felony.
A violation of subsection (a)(6) is a Class X |
| 13 | | felony for which 15 years
shall be added to the term of |
| 14 | | imprisonment imposed by the court. A violation of
subsection |
| 15 | | (a)(7) is a Class X felony for which 20 years shall be added to |
| 16 | | the
term of imprisonment imposed by the court. A violation of |
| 17 | | subsection (a)(8) is
a Class X felony for which 25 years or up |
| 18 | | to a term of natural life shall be
added to the term of |
| 19 | | imprisonment imposed by the court. An offender under the age of |
| 20 | | 18 years at the time of the commission of aggravated kidnaping |
| 21 | | in violation of paragraphs (1) through (8) of subsection (a) |
| 22 | | shall be sentenced under Section 5-4.5-105 of the Unified Code |
| 23 | | of Corrections.
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| 24 | | A person who has attained the age of 18 years at the time |
| 25 | | of the commission of the offense and who is convicted of a |
| 26 | | second or subsequent offense of
aggravated kidnaping shall be |
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| 1 | | sentenced to a term of natural life imprisonment; except
that a |
| 2 | | sentence of natural life imprisonment shall not be
imposed |
| 3 | | under this Section unless the second or subsequent offense was
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| 4 | | committed after conviction on the first offense. An offender |
| 5 | | under the age of 18 years at the time of the commission of the |
| 6 | | second or subsequent offense shall be sentenced under Section |
| 7 | | 5-4.5-105 of the Unified Code of Corrections.
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| 8 | | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, |
| 9 | | eff. 7-28-16.)
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| 10 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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| 11 | | Sec. 12-2. Aggravated assault.
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| 12 | | (a) Offense based on location of conduct. A person commits |
| 13 | | aggravated assault when he or she commits an assault against an |
| 14 | | individual who is on or about a public way, public property, a |
| 15 | | public place of accommodation or amusement, or a sports venue. |
| 16 | | (b) Offense based on status of victim. A person commits |
| 17 | | aggravated assault when, in committing an assault, he or she |
| 18 | | knows the individual assaulted to be any of the following: |
| 19 | | (1) A person with a physical disability or a person 60 |
| 20 | | years of age or older and the assault is without legal |
| 21 | | justification. |
| 22 | | (2) A teacher or school employee upon school grounds or |
| 23 | | grounds adjacent to a school or in any part of a building |
| 24 | | used for school purposes. |
| 25 | | (3) A park district employee upon park grounds or |
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| 1 | | grounds adjacent to a park or in any part of a building |
| 2 | | used for park purposes. |
| 3 | | (4) A community policing volunteer, private security |
| 4 | | officer, or utility worker: |
| 5 | | (i) performing his or her official duties; |
| 6 | | (ii) assaulted to prevent performance of his or her |
| 7 | | official duties; or |
| 8 | | (iii) assaulted in retaliation for performing his |
| 9 | | or her official duties. |
| 10 | | (4.1) A peace officer, fireman, emergency management |
| 11 | | worker, or emergency medical services personnel: |
| 12 | | (i) performing his or her official duties; |
| 13 | | (ii) assaulted to prevent performance of his or her |
| 14 | | official duties; or |
| 15 | | (iii) assaulted in retaliation for performing his |
| 16 | | or her official duties. |
| 17 | | (5) A correctional officer or probation officer: |
| 18 | | (i) performing his or her official duties; |
| 19 | | (ii) assaulted to prevent performance of his or her |
| 20 | | official duties; or |
| 21 | | (iii) assaulted in retaliation for performing his |
| 22 | | or her official duties. |
| 23 | | (6) A correctional institution employee, a county |
| 24 | | juvenile detention center employee who provides direct and |
| 25 | | continuous supervision of residents of a juvenile |
| 26 | | detention center, including a county juvenile detention |
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| 1 | | center employee who supervises recreational activity for |
| 2 | | residents of a juvenile detention center, or a Department |
| 3 | | of Human Services employee, Department of Human Services |
| 4 | | officer, or employee of a subcontractor of the Department |
| 5 | | of Human Services supervising or controlling sexually |
| 6 | | dangerous persons or sexually violent persons: |
| 7 | | (i) performing his or her official duties; |
| 8 | | (ii) assaulted to prevent performance of his or her |
| 9 | | official duties; or |
| 10 | | (iii) assaulted in retaliation for performing his |
| 11 | | or her official duties. |
| 12 | | (7) An employee of the State of Illinois, a municipal |
| 13 | | corporation therein, or a political subdivision thereof, |
| 14 | | performing his or her official duties. |
| 15 | | (8) A transit employee performing his or her official |
| 16 | | duties, or a transit passenger. |
| 17 | | (9) A sports official or coach actively participating |
| 18 | | in any level of athletic competition within a sports venue, |
| 19 | | on an indoor playing field or outdoor playing field, or |
| 20 | | within the immediate vicinity of such a facility or field. |
| 21 | | (10) A person authorized to serve process under Section |
| 22 | | 2-202 of the Code of Civil Procedure or a special process |
| 23 | | server appointed by the circuit court, while that |
| 24 | | individual is in the performance of his or her duties as a |
| 25 | | process server. |
| 26 | | (c) Offense based on use of firearm, device, or motor |
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| 1 | | vehicle. A person commits aggravated assault when, in |
| 2 | | committing an assault, he or she does any of the following: |
| 3 | | (1) Uses a deadly weapon, an air rifle as defined in |
| 4 | | Section 24.8-0.1 of this Act, or any device manufactured |
| 5 | | and designed to be substantially similar in appearance to a |
| 6 | | firearm, other than by discharging a firearm. |
| 7 | | (2) Discharges a firearm, other than from a motor |
| 8 | | vehicle. |
| 9 | | (3) Discharges a firearm from a motor vehicle. |
| 10 | | (4) Wears a cloth hood, robe, or mask to conceal his or |
| 11 | | her identity. |
| 12 | | (5) Knowingly and without lawful justification shines |
| 13 | | or flashes a laser gun sight or other laser device attached |
| 14 | | to a firearm, or used in concert with a firearm, so that |
| 15 | | the laser beam strikes near or in the immediate vicinity of |
| 16 | | any person. |
| 17 | | (6) Uses a firearm, other than by discharging the |
| 18 | | firearm, against a peace officer, community policing |
| 19 | | volunteer, fireman, private security officer, emergency |
| 20 | | management worker, emergency medical services personnel, |
| 21 | | employee of a police department, employee of a sheriff's |
| 22 | | department, or traffic control municipal employee: |
| 23 | | (i) performing his or her official duties; |
| 24 | | (ii) assaulted to prevent performance of his or her |
| 25 | | official duties; or |
| 26 | | (iii) assaulted in retaliation for performing his |
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| 1 | | or her official duties. |
| 2 | | (7) Without justification operates a motor vehicle in a |
| 3 | | manner which places a person, other than a person listed in |
| 4 | | subdivision (b)(4), in reasonable apprehension of being |
| 5 | | struck by the moving motor vehicle. |
| 6 | | (8) Without justification operates a motor vehicle in a |
| 7 | | manner which places a person listed in subdivision (b)(4), |
| 8 | | in reasonable apprehension of being struck by the moving |
| 9 | | motor vehicle. |
| 10 | | (9) Knowingly video or audio records the offense with |
| 11 | | the intent to disseminate the recording. |
| 12 | | (d) Sentence. Aggravated assault as defined in subdivision |
| 13 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), |
| 14 | | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that |
| 15 | | aggravated assault as defined in subdivision (b)(4) and (b)(7) |
| 16 | | is a Class 4 felony if a Category I, Category II, or Category |
| 17 | | III weapon is used in the commission of the assault. Aggravated |
| 18 | | assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), |
| 19 | | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. |
| 20 | | Aggravated assault as defined in subdivision (c)(3) or (c)(8) |
| 21 | | is a Class 3 felony. |
| 22 | | (e) For the purposes of this Section, "Category I weapon", |
| 23 | | "Category II weapon, and "Category III weapon" have the |
| 24 | | meanings ascribed to those terms in Section 33A-1 of this Code.
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| 25 | | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, |
| 26 | | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; |
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| 1 | | 99-816, eff. 8-15-16.)
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| 2 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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| 3 | | Sec. 12-3.05. Aggravated battery.
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| 4 | | (a) Offense based on injury. A person commits aggravated |
| 5 | | battery when, in committing a battery, other than by the |
| 6 | | discharge of a firearm, he or she knowingly does any of the |
| 7 | | following: |
| 8 | | (1) Causes great bodily harm or permanent disability or |
| 9 | | disfigurement. |
| 10 | | (2) Causes severe and permanent disability, great |
| 11 | | bodily harm, or disfigurement by means of a caustic or |
| 12 | | flammable substance, a poisonous gas, a deadly biological |
| 13 | | or chemical contaminant or agent, a radioactive substance, |
| 14 | | or a bomb or explosive compound. |
| 15 | | (3) Causes great bodily harm or permanent disability or |
| 16 | | disfigurement to an individual whom the person knows to be |
| 17 | | a peace officer, community policing volunteer, fireman, |
| 18 | | private security officer, correctional institution |
| 19 | | employee, or Department of Human Services employee |
| 20 | | supervising or controlling sexually dangerous persons or |
| 21 | | sexually violent persons: |
| 22 | | (i) performing his or her official duties; |
| 23 | | (ii) battered to prevent performance of his or her |
| 24 | | official duties; or |
| 25 | | (iii) battered in retaliation for performing his |
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| 1 | | or her official duties. |
| 2 | | (4) Causes great bodily harm or permanent disability or |
| 3 | | disfigurement to an individual 60 years of age or older. |
| 4 | | (5) Strangles another individual. |
| 5 | | (b) Offense based on injury to a child or person with an |
| 6 | | intellectual disability. A person who is at least 18 years of |
| 7 | | age commits aggravated battery when, in committing a battery, |
| 8 | | he or she knowingly and without legal justification by any |
| 9 | | means: |
| 10 | | (1) causes great bodily harm or permanent disability or |
| 11 | | disfigurement to any child under the age of 13 years, or to |
| 12 | | any person with a severe or profound intellectual |
| 13 | | disability; or |
| 14 | | (2) causes bodily harm or disability or disfigurement |
| 15 | | to any child under the age of 13 years or to any person |
| 16 | | with a severe or profound intellectual disability. |
| 17 | | (c) Offense based on location of conduct. A person commits |
| 18 | | aggravated battery when, in committing a battery, other than by |
| 19 | | the discharge of a firearm, he or she is or the person battered |
| 20 | | is on or about a public way, public property, a public place of |
| 21 | | accommodation or amusement, a sports venue, or a domestic |
| 22 | | violence shelter. |
| 23 | | (d) Offense based on status of victim. A person commits |
| 24 | | aggravated battery when, in committing a battery, other than by |
| 25 | | discharge of a firearm, he or she knows the individual battered |
| 26 | | to be any of the following: |
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| 1 | | (1) A person 60 years of age or older. |
| 2 | | (2) A person who is pregnant or has a physical |
| 3 | | disability. |
| 4 | | (3) A teacher or school employee upon school grounds or |
| 5 | | grounds adjacent to a school or in any part of a building |
| 6 | | used for school purposes. |
| 7 | | (4) A peace officer, community policing volunteer, |
| 8 | | fireman, private security officer, correctional |
| 9 | | institution employee, or Department of Human Services |
| 10 | | employee supervising or controlling sexually dangerous |
| 11 | | persons or sexually violent persons: |
| 12 | | (i) performing his or her official duties; |
| 13 | | (ii) battered to prevent performance of his or her |
| 14 | | official duties; or |
| 15 | | (iii) battered in retaliation for performing his |
| 16 | | or her official duties. |
| 17 | | (5) A judge, emergency management worker, emergency |
| 18 | | medical services personnel, or utility worker: |
| 19 | | (i) performing his or her official duties; |
| 20 | | (ii) battered to prevent performance of his or her |
| 21 | | official duties; or |
| 22 | | (iii) battered in retaliation for performing his |
| 23 | | or her official duties. |
| 24 | | (6) An officer or employee of the State of Illinois, a |
| 25 | | unit of local government, or a school district, while |
| 26 | | performing his or her official duties. |
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| 1 | | (7) A transit employee performing his or her official |
| 2 | | duties, or a transit passenger. |
| 3 | | (8) A taxi driver on duty. |
| 4 | | (9) A merchant who detains the person for an alleged |
| 5 | | commission of retail theft under Section 16-26 of this Code |
| 6 | | and the person without legal justification by any means |
| 7 | | causes bodily harm to the merchant. |
| 8 | | (10) A person authorized to serve process under Section |
| 9 | | 2-202 of the Code of Civil Procedure or a special process |
| 10 | | server appointed by the circuit court while that individual |
| 11 | | is in the performance of his or her duties as a process |
| 12 | | server. |
| 13 | | (11) A nurse while in the performance of his or her |
| 14 | | duties as a nurse. |
| 15 | | (e) Offense based on use of a firearm. A person commits |
| 16 | | aggravated battery when, in committing a battery, he or she |
| 17 | | knowingly does any of the following: |
| 18 | | (1) Discharges a firearm, other than a machine gun or a |
| 19 | | firearm equipped with a silencer, and causes any injury to |
| 20 | | another person. |
| 21 | | (2) Discharges a firearm, other than a machine gun or a |
| 22 | | firearm equipped with a silencer, and causes any injury to |
| 23 | | a person he or she knows to be a peace officer, community |
| 24 | | policing volunteer, person summoned by a police officer, |
| 25 | | fireman, private security officer, correctional |
| 26 | | institution employee, or emergency management worker: |
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| 1 | | (i) performing his or her official duties; |
| 2 | | (ii) battered to prevent performance of his or her |
| 3 | | official duties; or |
| 4 | | (iii) battered in retaliation for performing his |
| 5 | | or her official duties. |
| 6 | | (3) Discharges a firearm, other than a machine gun or a |
| 7 | | firearm equipped with a silencer, and causes any injury to |
| 8 | | a person he or she knows to be emergency medical services |
| 9 | | personnel: |
| 10 | | (i) performing his or her official duties; |
| 11 | | (ii) battered to prevent performance of his or her |
| 12 | | official duties; or |
| 13 | | (iii) battered in retaliation for performing his |
| 14 | | or her official duties. |
| 15 | | (4) Discharges a firearm and causes any injury to a |
| 16 | | person he or she knows to be a teacher, a student in a |
| 17 | | school, or a school employee, and the teacher, student, or |
| 18 | | employee is upon school grounds or grounds adjacent to a |
| 19 | | school or in any part of a building used for school |
| 20 | | purposes. |
| 21 | | (5) Discharges a machine gun or a firearm equipped with |
| 22 | | a silencer, and causes any injury to another person. |
| 23 | | (6) Discharges a machine gun or a firearm equipped with |
| 24 | | a silencer, and causes any injury to a person he or she |
| 25 | | knows to be a peace officer, community policing volunteer, |
| 26 | | person summoned by a police officer, fireman, private |
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| 1 | | security officer, correctional institution employee or |
| 2 | | emergency management worker: |
| 3 | | (i) performing his or her official duties; |
| 4 | | (ii) battered to prevent performance of his or her |
| 5 | | official duties; or |
| 6 | | (iii) battered in retaliation for performing his |
| 7 | | or her official duties. |
| 8 | | (7) Discharges a machine gun or a firearm equipped with |
| 9 | | a silencer, and causes any injury to a person he or she |
| 10 | | knows to be emergency medical services personnel: |
| 11 | | (i) performing his or her official duties; |
| 12 | | (ii) battered to prevent performance of his or her |
| 13 | | official duties; or |
| 14 | | (iii) battered in retaliation for performing his |
| 15 | | or her official duties. |
| 16 | | (8) Discharges a machine gun or a firearm equipped with |
| 17 | | a silencer, and causes any injury to a person he or she |
| 18 | | knows to be a teacher, or a student in a school, or a |
| 19 | | school employee, and the teacher, student, or employee is |
| 20 | | upon school grounds or grounds adjacent to a school or in |
| 21 | | any part of a building used for school purposes. |
| 22 | | (f) Offense based on use of a weapon or device. A person |
| 23 | | commits aggravated battery when, in committing a battery, he or |
| 24 | | she does any of the following: |
| 25 | | (1) Uses a deadly weapon other than by discharge of a |
| 26 | | firearm, or uses an air rifle as defined in Section |
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| 1 | | 24.8-0.1 of this Code. |
| 2 | | (2) Wears a cloth hood, robe, or mask to conceal his or |
| 3 | | her identity. |
| 4 | | (3) Knowingly and without lawful justification shines |
| 5 | | or flashes a laser gunsight or other laser device attached |
| 6 | | to a firearm, or used in concert with a firearm, so that |
| 7 | | the laser beam strikes upon or against the person of |
| 8 | | another. |
| 9 | | (4) Knowingly video or audio records the offense with |
| 10 | | the intent to disseminate the recording. |
| 11 | | (g) Offense based on certain conduct. A person commits |
| 12 | | aggravated battery when, other than by discharge of a firearm, |
| 13 | | he or she does any of the following: |
| 14 | | (1) Violates Section 401 of the Illinois Controlled |
| 15 | | Substances Act by unlawfully delivering a controlled |
| 16 | | substance to another and any user experiences great bodily |
| 17 | | harm or permanent disability as a result of the injection, |
| 18 | | inhalation, or ingestion of any amount of the controlled |
| 19 | | substance. |
| 20 | | (2) Knowingly administers to an individual or causes |
| 21 | | him or her to take, without his or her consent or by threat |
| 22 | | or deception, and for other than medical purposes, any |
| 23 | | intoxicating, poisonous, stupefying, narcotic, anesthetic, |
| 24 | | or controlled substance, or gives to another person any |
| 25 | | food containing any substance or object intended to cause |
| 26 | | physical injury if eaten. |
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| 1 | | (3) Knowingly causes or attempts to cause a |
| 2 | | correctional institution employee or Department of Human |
| 3 | | Services employee to come into contact with blood, seminal |
| 4 | | fluid, urine, or feces by throwing, tossing, or expelling |
| 5 | | the fluid or material, and the person is an inmate of a |
| 6 | | penal institution or is a sexually dangerous person or |
| 7 | | sexually violent person in the custody of the Department of |
| 8 | | Human Services. |
| 9 | | (h) Sentence. Unless otherwise provided, aggravated |
| 10 | | battery is a Class 3 felony. |
| 11 | | Aggravated battery as defined in subdivision (a)(4), |
| 12 | | (d)(4), or (g)(3) is a Class 2 felony. |
| 13 | | Aggravated battery as defined in subdivision (a)(3) or |
| 14 | | (g)(1) is a Class 1 felony. |
| 15 | | Aggravated battery as defined in subdivision (a)(1) is a |
| 16 | | Class 1 felony when the aggravated battery was intentional and |
| 17 | | involved the infliction of torture, as defined in paragraph |
| 18 | | (14) of subsection (b) of Section 9-1 of this Code, as the |
| 19 | | infliction of or subjection to extreme physical pain, motivated |
| 20 | | by an intent to increase or prolong the pain, suffering, or |
| 21 | | agony of the victim. |
| 22 | | Aggravated battery under subdivision (a)(5) is a
Class 1 |
| 23 | | felony if: |
| 24 | | (A) the person used or attempted to use a dangerous
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| 25 | | instrument while committing the offense; or |
| 26 | | (B) the person caused great bodily harm or
permanent |
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| 1 | | disability or disfigurement to the other
person while |
| 2 | | committing the offense; or |
| 3 | | (C) the person has been previously convicted of a
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| 4 | | violation of subdivision (a)(5) under the laws of this
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| 5 | | State or laws similar to subdivision (a)(5) of any other
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| 6 | | state. |
| 7 | | Aggravated battery as defined in subdivision (e)(1) is a |
| 8 | | Class X felony. |
| 9 | | Aggravated battery as defined in subdivision (a)(2) is a |
| 10 | | Class X felony for which a person shall be sentenced to a term |
| 11 | | of imprisonment of a minimum of 6 years and a maximum of 45 |
| 12 | | years. |
| 13 | | Aggravated battery as defined in subdivision (e)(5) is a |
| 14 | | Class X felony for which a person shall be sentenced to a term |
| 15 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
| 16 | | years. |
| 17 | | Aggravated battery as defined in subdivision (e)(2), |
| 18 | | (e)(3), or (e)(4) is a Class X felony for which a person shall |
| 19 | | be sentenced to a term of imprisonment of a minimum of 15 years |
| 20 | | and a maximum of 60 years. |
| 21 | | Aggravated battery as defined in subdivision (e)(6), |
| 22 | | (e)(7), or (e)(8) is a Class X felony for which a person shall |
| 23 | | be sentenced to a term of imprisonment of a minimum of 20 years |
| 24 | | and a maximum of 60 years. |
| 25 | | Aggravated battery as defined in subdivision (b)(1) is a |
| 26 | | Class X felony, except that: |
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| 1 | | (1) if the person committed the offense while armed |
| 2 | | with a firearm, 15 years shall be added to the term of |
| 3 | | imprisonment imposed by the court; |
| 4 | | (2) if, during the commission of the offense, the |
| 5 | | person personally discharged a firearm, 20 years shall be |
| 6 | | added to the term of imprisonment imposed by the court; |
| 7 | | (3) if, during the commission of the offense, the |
| 8 | | person personally discharged a firearm that proximately |
| 9 | | caused great bodily harm, permanent disability, permanent |
| 10 | | disfigurement, or death to another person, 25 years or up |
| 11 | | to a term of natural life shall be added to the term of |
| 12 | | imprisonment imposed by the court. |
| 13 | | (i) Definitions. For the purposes of this Section: |
| 14 | | "Building or other structure used to provide shelter" has |
| 15 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
| 16 | | Violence Shelters Act. |
| 17 | | "Domestic violence" has the meaning ascribed to it in |
| 18 | | Section 103 of the Illinois Domestic Violence Act of 1986. |
| 19 | | "Domestic violence shelter" means any building or other |
| 20 | | structure used to provide shelter or other services to victims |
| 21 | | or to the dependent children of victims of domestic violence |
| 22 | | pursuant to the Illinois Domestic Violence Act of 1986 or the |
| 23 | | Domestic Violence Shelters Act, or any place within 500 feet of |
| 24 | | such a building or other structure in the case of a person who |
| 25 | | is going to or from such a building or other structure. |
| 26 | | "Firearm" has the meaning provided under Section 1.1
of the |
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| 1 | | Firearm Owners Identification Card Act, and does
not include an |
| 2 | | air rifle as defined by Section 24.8-0.1 of this Code. |
| 3 | | "Machine gun" has the meaning ascribed to it in Section |
| 4 | | 24-1 of this Code. |
| 5 | | "Merchant" has the meaning ascribed to it in Section 16-0.1 |
| 6 | | of this Code. |
| 7 | | "Strangle" means
intentionally impeding the normal |
| 8 | | breathing or circulation of the blood of an individual by |
| 9 | | applying pressure on the throat
or neck of that individual or |
| 10 | | by blocking the nose or mouth of
that individual.
|
| 11 | | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, |
| 12 | | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
|
| 13 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
|
| 14 | | Sec. 24-1. Unlawful use of weapons.
|
| 15 | | (a) A person commits the offense of unlawful use of weapons |
| 16 | | when
he knowingly:
|
| 17 | | (1) Sells, manufactures, purchases, possesses or |
| 18 | | carries any bludgeon,
black-jack, slung-shot, sand-club, |
| 19 | | sand-bag, metal knuckles or other knuckle weapon |
| 20 | | regardless of its composition, throwing star,
or any knife, |
| 21 | | commonly referred to as a switchblade knife, which has a
|
| 22 | | blade that opens automatically by hand pressure applied to |
| 23 | | a button,
spring or other device in the handle of the |
| 24 | | knife, or a ballistic knife,
which is a device that propels |
| 25 | | a knifelike blade as a projectile by means
of a coil |
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| 1 | | spring, elastic material or compressed gas; or
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| 2 | | (2) Carries or possesses with intent to use the same |
| 3 | | unlawfully
against another, a dagger, dirk, billy, |
| 4 | | dangerous knife, razor,
stiletto, broken bottle or other |
| 5 | | piece of glass, stun gun or taser or
any other dangerous or |
| 6 | | deadly weapon or instrument of like character; or
|
| 7 | | (3) Carries on or about his person or in any vehicle, a |
| 8 | | tear gas gun
projector or bomb or any object containing |
| 9 | | noxious liquid gas or
substance, other than an object |
| 10 | | containing a non-lethal noxious liquid gas
or substance |
| 11 | | designed solely for personal defense carried by a person 18
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| 12 | | years of age or older; or
|
| 13 | | (4) Carries or possesses in any vehicle or concealed on |
| 14 | | or about his
person except when on his land or in his own |
| 15 | | abode, legal dwelling, or fixed place of
business, or on |
| 16 | | the land or in the legal dwelling of another person as an |
| 17 | | invitee with that person's permission, any pistol, |
| 18 | | revolver, stun gun or taser or other firearm, except
that
|
| 19 | | this subsection (a) (4) does not apply to or affect |
| 20 | | transportation of weapons
that meet one of the following |
| 21 | | conditions:
|
| 22 | | (i) are broken down in a non-functioning state; or
|
| 23 | | (ii) are not immediately accessible; or
|
| 24 | | (iii) are unloaded and enclosed in a case, firearm |
| 25 | | carrying box,
shipping box, or other container by a |
| 26 | | person who has been issued a currently
valid Firearm |
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| 1 | | Owner's
Identification Card; or |
| 2 | | (iv) are carried or possessed in accordance with |
| 3 | | the Firearm Concealed Carry Act by a person who has |
| 4 | | been issued a currently valid license under the Firearm |
| 5 | | Concealed Carry Act; or
|
| 6 | | (5) Sets a spring gun; or
|
| 7 | | (6) Possesses any device or attachment of any kind |
| 8 | | designed, used or
intended for use in silencing the report |
| 9 | | of any firearm; or
|
| 10 | | (7) Sells, manufactures, purchases, possesses or |
| 11 | | carries:
|
| 12 | | (i) a machine gun, which shall be defined for the |
| 13 | | purposes of this
subsection as any weapon,
which |
| 14 | | shoots, is designed to shoot, or can be readily |
| 15 | | restored to shoot,
automatically more than one shot |
| 16 | | without manually reloading by a single
function of the |
| 17 | | trigger, including the frame or receiver
of any such |
| 18 | | weapon, or sells, manufactures, purchases, possesses, |
| 19 | | or
carries any combination of parts designed or |
| 20 | | intended for
use in converting any weapon into a |
| 21 | | machine gun, or any combination or
parts from which a |
| 22 | | machine gun can be assembled if such parts are in the
|
| 23 | | possession or under the control of a person;
|
| 24 | | (ii) any rifle having one or
more barrels less than |
| 25 | | 16 inches in length or a shotgun having one or more
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| 26 | | barrels less than 18 inches in length or any weapon |
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| 1 | | made from a rifle or
shotgun, whether by alteration, |
| 2 | | modification, or otherwise, if such a weapon
as |
| 3 | | modified has an overall length of less than 26 inches; |
| 4 | | or
|
| 5 | | (iii) any
bomb, bomb-shell, grenade, bottle or |
| 6 | | other container containing an
explosive substance of |
| 7 | | over one-quarter ounce for like purposes, such
as, but |
| 8 | | not limited to, black powder bombs and Molotov |
| 9 | | cocktails or
artillery projectiles; or
|
| 10 | | (8) Carries or possesses any firearm, stun gun or taser |
| 11 | | or other
deadly weapon in any place which is licensed to |
| 12 | | sell intoxicating
beverages, or at any public gathering |
| 13 | | held pursuant to a license issued
by any governmental body |
| 14 | | or any public gathering at which an admission
is charged, |
| 15 | | excluding a place where a showing, demonstration or lecture
|
| 16 | | involving the exhibition of unloaded firearms is |
| 17 | | conducted.
|
| 18 | | This subsection (a)(8) does not apply to any auction or |
| 19 | | raffle of a firearm
held pursuant to
a license or permit |
| 20 | | issued by a governmental body, nor does it apply to persons
|
| 21 | | engaged
in firearm safety training courses; or
|
| 22 | | (9) Carries or possesses in a vehicle or on or about |
| 23 | | his person any
pistol, revolver, stun gun or taser or |
| 24 | | firearm or ballistic knife, when
he or she wears a cloth, |
| 25 | | robe, or mask is hooded, robed or masked in such manner as |
| 26 | | to conceal his or her identity; or
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| 1 | | (10) Carries or possesses on or about his person, upon |
| 2 | | any public street,
alley, or other public lands within the |
| 3 | | corporate limits of a city, village
or incorporated town, |
| 4 | | except when an invitee thereon or therein, for the
purpose |
| 5 | | of the display of such weapon or the lawful commerce in |
| 6 | | weapons, or
except when on his land or in his own abode, |
| 7 | | legal dwelling, or fixed place of business, or on the land |
| 8 | | or in the legal dwelling of another person as an invitee |
| 9 | | with that person's permission, any
pistol, revolver, stun |
| 10 | | gun or taser or other firearm, except that this
subsection |
| 11 | | (a) (10) does not apply to or affect transportation of |
| 12 | | weapons that
meet one of the following conditions:
|
| 13 | | (i) are broken down in a non-functioning state; or
|
| 14 | | (ii) are not immediately accessible; or
|
| 15 | | (iii) are unloaded and enclosed in a case, firearm |
| 16 | | carrying box,
shipping box, or other container by a |
| 17 | | person who has been issued a currently
valid Firearm |
| 18 | | Owner's
Identification Card; or
|
| 19 | | (iv) are carried or possessed in accordance with |
| 20 | | the Firearm Concealed Carry Act by a person who has |
| 21 | | been issued a currently valid license under the Firearm |
| 22 | | Concealed Carry Act. |
| 23 | | A "stun gun or taser", as used in this paragraph (a) |
| 24 | | means (i) any device
which is powered by electrical |
| 25 | | charging units, such as, batteries, and
which fires one or |
| 26 | | several barbs attached to a length of wire and
which, upon |
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| 1 | | hitting a human, can send out a current capable of |
| 2 | | disrupting
the person's nervous system in such a manner as |
| 3 | | to render him incapable of
normal functioning or (ii) any |
| 4 | | device which is powered by electrical
charging units, such |
| 5 | | as batteries, and which, upon contact with a human or
|
| 6 | | clothing worn by a human, can send out current capable of |
| 7 | | disrupting
the person's nervous system in such a manner as |
| 8 | | to render him incapable
of normal functioning; or
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| 9 | | (11) Sells, manufactures or purchases any explosive |
| 10 | | bullet. For purposes
of this paragraph (a) "explosive |
| 11 | | bullet" means the projectile portion of
an ammunition |
| 12 | | cartridge which contains or carries an explosive charge |
| 13 | | which
will explode upon contact with the flesh of a human |
| 14 | | or an animal.
"Cartridge" means a tubular metal case having |
| 15 | | a projectile affixed at the
front thereof and a cap or |
| 16 | | primer at the rear end thereof, with the
propellant |
| 17 | | contained in such tube between the projectile and the cap; |
| 18 | | or
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| 19 | | (12) (Blank); or
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| 20 | | (13) Carries or possesses on or about his or her person |
| 21 | | while in a building occupied by a unit of government, a |
| 22 | | billy club, other weapon of like character, or other |
| 23 | | instrument of like character intended for use as a weapon. |
| 24 | | For the purposes of this Section, "billy club" means a |
| 25 | | short stick or club commonly carried by police officers |
| 26 | | which is either telescopic or constructed of a solid piece |
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| 1 | | of wood or other man-made material. |
| 2 | | (b) Sentence. A person convicted of a violation of |
| 3 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
|
| 4 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a |
| 5 | | Class A
misdemeanor.
A person convicted of a violation of |
| 6 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a |
| 7 | | person
convicted of a violation of subsection 24-1(a)(6) or |
| 8 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person |
| 9 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a |
| 10 | | Class 2 felony and shall be sentenced to a term of imprisonment |
| 11 | | of not less than 3 years and not more than 7 years, unless the |
| 12 | | weapon is possessed in the
passenger compartment of a motor |
| 13 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle |
| 14 | | Code, or on the person, while the weapon is loaded, in which
|
| 15 | | case it shall be a Class X felony. A person convicted of a
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| 16 | | second or subsequent violation of subsection 24-1(a)(4), |
| 17 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 |
| 18 | | felony. The possession of each weapon in violation of this |
| 19 | | Section constitutes a single and separate violation.
|
| 20 | | (c) Violations in specific places.
|
| 21 | | (1) A person who violates subsection 24-1(a)(6) or |
| 22 | | 24-1(a)(7) in any
school, regardless of the time of day or |
| 23 | | the time of year, in residential
property owned, operated |
| 24 | | or managed by a public housing agency or
leased by
a public |
| 25 | | housing agency as part of a scattered site or mixed-income
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| 26 | | development, in a
public park, in a courthouse, on the real |
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| 1 | | property comprising any school,
regardless of the
time of |
| 2 | | day or the time of year, on residential property owned, |
| 3 | | operated
or
managed by a public housing agency
or leased by |
| 4 | | a public housing agency as part of a scattered site or
|
| 5 | | mixed-income development,
on the real property comprising |
| 6 | | any
public park, on the real property comprising any |
| 7 | | courthouse, in any conveyance
owned, leased or contracted |
| 8 | | by a school to
transport students to or from school or a |
| 9 | | school related activity, in any conveyance
owned, leased, |
| 10 | | or contracted by a public transportation agency, or on any
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| 11 | | public way within 1,000 feet of the real property |
| 12 | | comprising any school,
public park, courthouse, public |
| 13 | | transportation facility, or residential property owned, |
| 14 | | operated, or managed
by a public housing agency
or leased |
| 15 | | by a public housing agency as part of a scattered site or
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| 16 | | mixed-income development
commits a Class 2 felony and shall |
| 17 | | be sentenced to a term of imprisonment of not less than 3 |
| 18 | | years and not more than 7 years.
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| 19 | | (1.5) A person who violates subsection 24-1(a)(4), |
| 20 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the |
| 21 | | time of day or the time of year,
in residential property |
| 22 | | owned, operated, or managed by a public
housing
agency
or |
| 23 | | leased by a public housing agency as part of a scattered |
| 24 | | site or
mixed-income development,
in
a public
park, in a |
| 25 | | courthouse, on the real property comprising any school, |
| 26 | | regardless
of the time of day or the time of year, on |
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| 1 | | residential property owned,
operated, or managed by a |
| 2 | | public housing agency
or leased by a public housing agency |
| 3 | | as part of a scattered site or
mixed-income development,
on |
| 4 | | the real property
comprising any public park, on the real |
| 5 | | property comprising any courthouse, in
any conveyance |
| 6 | | owned, leased, or contracted by a school to transport |
| 7 | | students
to or from school or a school related activity, in |
| 8 | | any conveyance
owned, leased, or contracted by a public |
| 9 | | transportation agency, or on any public way within
1,000 |
| 10 | | feet of the real property comprising any school, public |
| 11 | | park, courthouse,
public transportation facility, or |
| 12 | | residential property owned, operated, or managed by a |
| 13 | | public
housing agency
or leased by a public housing agency |
| 14 | | as part of a scattered site or
mixed-income development
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| 15 | | commits a Class 3 felony.
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| 16 | | (2) A person who violates subsection 24-1(a)(1), |
| 17 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
| 18 | | time of day or the time of year, in
residential property |
| 19 | | owned, operated or managed by a public housing
agency
or |
| 20 | | leased by a public housing agency as part of a scattered |
| 21 | | site or
mixed-income development,
in
a public park, in a |
| 22 | | courthouse, on the real property comprising any school,
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| 23 | | regardless of the time of day or the time of year, on |
| 24 | | residential property
owned, operated or managed by a public |
| 25 | | housing agency
or leased by a public housing agency as part |
| 26 | | of a scattered site or
mixed-income development,
on the |
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| 1 | | real property
comprising any public park, on the real |
| 2 | | property comprising any courthouse, in
any conveyance |
| 3 | | owned, leased or contracted by a school to transport |
| 4 | | students
to or from school or a school related activity, in |
| 5 | | any conveyance
owned, leased, or contracted by a public |
| 6 | | transportation agency, or on any public way within
1,000 |
| 7 | | feet of the real property comprising any school, public |
| 8 | | park, courthouse,
public transportation facility, or |
| 9 | | residential property owned, operated, or managed by a |
| 10 | | public
housing agency or leased by a public housing agency |
| 11 | | as part of a scattered
site or mixed-income development |
| 12 | | commits a Class 4 felony. "Courthouse"
means any building |
| 13 | | that is used by the Circuit, Appellate, or Supreme Court of
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| 14 | | this State for the conduct of official business.
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| 15 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| 16 | | (c) shall not
apply to law
enforcement officers or security |
| 17 | | officers of such school, college, or
university or to |
| 18 | | students carrying or possessing firearms for use in |
| 19 | | training
courses, parades, hunting, target shooting on |
| 20 | | school ranges, or otherwise with
the consent of school |
| 21 | | authorities and which firearms are transported unloaded
|
| 22 | | enclosed in a suitable case, box, or transportation |
| 23 | | package.
|
| 24 | | (4) For the purposes of this subsection (c), "school" |
| 25 | | means any public or
private elementary or secondary school, |
| 26 | | community college, college, or
university.
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| 1 | | (5) For the purposes of this subsection (c), "public |
| 2 | | transportation agency" means a public or private agency |
| 3 | | that provides for the transportation or conveyance of
|
| 4 | | persons by means available to the general public, except |
| 5 | | for transportation
by automobiles not used for conveyance |
| 6 | | of the general public as passengers; and "public |
| 7 | | transportation facility" means a terminal or other place
|
| 8 | | where one may obtain public transportation.
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| 9 | | (d) The presence in an automobile other than a public |
| 10 | | omnibus of any
weapon, instrument or substance referred to in |
| 11 | | subsection (a)(7) is
prima facie evidence that it is in the |
| 12 | | possession of, and is being
carried by, all persons occupying |
| 13 | | such automobile at the time such
weapon, instrument or |
| 14 | | substance is found, except under the following
circumstances: |
| 15 | | (i) if such weapon, instrument or instrumentality is
found upon |
| 16 | | the person of one of the occupants therein; or (ii) if such
|
| 17 | | weapon, instrument or substance is found in an automobile |
| 18 | | operated for
hire by a duly licensed driver in the due, lawful |
| 19 | | and proper pursuit of
his trade, then such presumption shall |
| 20 | | not apply to the driver.
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| 21 | | (e) Exemptions. Crossbows, Common or Compound bows and |
| 22 | | Underwater
Spearguns are exempted from the definition of |
| 23 | | ballistic knife as defined in
paragraph (1) of subsection (a) |
| 24 | | of this Section.
|
| 25 | | (Source: P.A. 99-29, eff. 7-10-15.)
|
| 26 | | Section 99. Effective date. This Act takes effect upon |