Sen. Kwame Raoul
Filed: 4/4/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1842




2 AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Sections 10-2, 12-2, 12-3.05, and 24-1 as follows:




6 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)



7 Sec. 10-2. Aggravated kidnaping. 

8 (a) A person commits the offense of
aggravated kidnaping 
9when he or she commits kidnapping and:

10  (1) kidnaps with the intent to obtain ransom from the 
11 person
kidnaped or from any other person;

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;

15  (3) inflicts great bodily harm, other than by the 
16 discharge of a
firearm, or commits another felony upon his 
 
 
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1 or her
victim;

2  (4) affixes or manipulates a mask, cloth, or garment in 
3 order to conceal his or her identity wears a hood, robe, or 
4 mask or conceals his or her identity;

5  (5) commits the offense of kidnaping while armed with a 
6 dangerous
weapon, other than a firearm, as defined in 
7 Section 33A-1 of this
Code;

8  (6) commits the offense of kidnaping while armed with a 
9 firearm;

10  (7) during the commission of the offense of kidnaping, 
11 personally
discharges a firearm; or

12  (8) during the commission of the offense of kidnaping, 
13 personally discharges
a firearm that proximately causes 
14 great bodily harm, permanent
disability, permanent 
15 disfigurement, or death to another person.

16 As used in this Section, "ransom" includes money, benefit, 
17or other
valuable thing or concession.

18 (b) Sentence. Aggravated kidnaping
in violation of 
19paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a 
20Class X felony.
A violation of subsection (a)(6) is a Class X 
21felony for which 15 years
shall be added to the term of 
22imprisonment imposed by the court. A violation of
subsection 
23(a)(7) is a Class X felony for which 20 years shall be added to 
24the
term of imprisonment imposed by the court. A violation of 
25subsection (a)(8) is
a Class X felony for which 25 years or up 
26to a term of natural life shall be
added to the term of 
 
 
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1imprisonment imposed by the court. An offender under the age of 
218 years at the time of the commission of aggravated kidnaping 
3in violation of paragraphs (1) through (8) of subsection (a) 
4shall be sentenced under Section 5-4.5-105 of the Unified Code 
5of Corrections.

6 A person who has attained the age of 18 years at the time 
7of the commission of the offense and who is convicted of a 
8second or subsequent offense of
aggravated kidnaping shall be 
9sentenced to a term of natural life imprisonment; except
that a 
10sentence of natural life imprisonment shall not be
imposed 
11under this Section unless the second or subsequent offense was

12committed after conviction on the first offense. An offender 
13under the age of 18 years at the time of the commission of the 
14second or subsequent offense shall be sentenced under Section 
155-4.5-105 of the Unified Code of Corrections. 

16(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, 
17eff. 7-28-16.)





18 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)


19 Sec. 12-2. Aggravated assault. 

20 (a) Offense based on location of conduct. A person commits 
21aggravated assault when he or she commits an assault against an 
22individual who is on or about a public way, public property, a 
23public place of accommodation or amusement, or a sports venue.
24 (b) Offense based on status of victim. A person commits 
25aggravated assault when, in committing an assault, he or she 
 
 
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1knows the individual assaulted to be any of the following:
2  (1) A person with a physical disability or a person 60 
3 years of age or older and the assault is without legal 
4 justification.
5  (2) A teacher or school employee upon school grounds or 
6 grounds adjacent to a school or in any part of a building 
7 used for school purposes.
8  (3) A park district employee upon park grounds or 
9 grounds adjacent to a park or in any part of a building 
10 used for park purposes.
11  (4) A community policing volunteer, private security 
12 officer, or utility worker:
13   (i) performing his or her official duties;
14   (ii) assaulted to prevent performance of his or her 
15 official duties; or
16   (iii) assaulted in retaliation for performing his 
17 or her official duties.
18  (4.1) A peace officer, fireman, emergency management 
19 worker, or emergency medical services personnel:
20   (i) performing his or her official duties;
21   (ii) assaulted to prevent performance of his or her 
22 official duties; or
23   (iii) assaulted in retaliation for performing his 
24 or her official duties. 
25  (5) A correctional officer or probation officer:
26   (i) performing his or her official duties;
 
 
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1   (ii) assaulted to prevent performance of his or her 
2 official duties; or
3   (iii) assaulted in retaliation for performing his 
4 or her official duties.
5  (6) A correctional institution employee, a county 
6 juvenile detention center employee who provides direct and 
7 continuous supervision of residents of a juvenile 
8 detention center, including a county juvenile detention 
9 center employee who supervises recreational activity for 
10 residents of a juvenile detention center, or a Department 
11 of Human Services employee, Department of Human Services 
12 officer, or employee of a subcontractor of the Department 
13 of Human Services supervising or controlling sexually 
14 dangerous persons or sexually violent persons:
15   (i) performing his or her official duties;
16   (ii) assaulted to prevent performance of his or her 
17 official duties; or
18   (iii) assaulted in retaliation for performing his 
19 or her official duties.
20  (7) An employee of the State of Illinois, a municipal 
21 corporation therein, or a political subdivision thereof, 
22 performing his or her official duties.
23  (8) A transit employee performing his or her official 
24 duties, or a transit passenger.
25  (9) A sports official or coach actively participating 
26 in any level of athletic competition within a sports venue, 
 
 
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1 on an indoor playing field or outdoor playing field, or 
2 within the immediate vicinity of such a facility or field.
3  (10) A person authorized to serve process under Section 
4 2-202 of the Code of Civil Procedure or a special process 
5 server appointed by the circuit court, while that 
6 individual is in the performance of his or her duties as a 
7 process server. 
8 (c) Offense based on use of firearm, device, or motor 
9vehicle. A person commits aggravated assault when, in 
10committing an assault, he or she does any of the following:
11  (1) Uses a deadly weapon, an air rifle as defined in 
12 Section 24.8-0.1 of this Act, or any device manufactured 
13 and designed to be substantially similar in appearance to a 
14 firearm, other than by discharging a firearm.
15  (2) Discharges a firearm, other than from a motor 
16 vehicle.
17  (3) Discharges a firearm from a motor vehicle.
18  (4) Affixes or manipulates a mask, cloth, or garment in 
19 order to conceal his or her identity Wears a hood, robe, or 
20 mask to conceal his or her identity.
21  (5) Knowingly and without lawful justification shines 
22 or flashes a laser gun sight or other laser device attached 
23 to a firearm, or used in concert with a firearm, so that 
24 the laser beam strikes near or in the immediate vicinity of 
25 any person.
26  (6) Uses a firearm, other than by discharging the 
 
 
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1 firearm, against a peace officer, community policing 
2 volunteer, fireman, private security officer, emergency 
3 management worker, emergency medical services personnel, 
4 employee of a police department, employee of a sheriff's 
5 department, or traffic control municipal employee:
6   (i) performing his or her official duties;
7   (ii) assaulted to prevent performance of his or her 
8 official duties; or
9   (iii) assaulted in retaliation for performing his 
10 or her official duties. 
11  (7) Without justification operates a motor vehicle in a 
12 manner which places a person, other than a person listed in 
13 subdivision (b)(4), in reasonable apprehension of being 
14 struck by the moving motor vehicle.
15  (8) Without justification operates a motor vehicle in a 
16 manner which places a person listed in subdivision (b)(4), 
17 in reasonable apprehension of being struck by the moving 
18 motor vehicle. 
19  (9) Knowingly video or audio records the offense with 
20 the intent to disseminate the recording. 
21 (d) Sentence. Aggravated assault as defined in subdivision 
22(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), 
23(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that 
24aggravated assault as defined in subdivision (b)(4) and (b)(7) 
25is a Class 4 felony if a Category I, Category II, or Category 
26III weapon is used in the commission of the assault. Aggravated 
 
 
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1assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), 
2(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. 
3Aggravated assault as defined in subdivision (c)(3) or (c)(8) 
4is a Class 3 felony.
5 (e) For the purposes of this Section, "Category I weapon", 
6"Category II weapon, and "Category III weapon" have the 
7meanings ascribed to those terms in Section 33A-1 of this Code. 

8(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, 
9eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; 
1099-816, eff. 8-15-16.)



11 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



12 Sec. 12-3.05. Aggravated battery. 

13 (a) Offense based on injury. A person commits aggravated 
14battery when, in committing a battery, other than by the 
15discharge of a firearm, he or she knowingly does any of the 
16following:
17  (1) Causes great bodily harm or permanent disability or 
18 disfigurement.
19  (2) Causes severe and permanent disability, great 
20 bodily harm, or disfigurement by means of a caustic or 
21 flammable substance, a poisonous gas, a deadly biological 
22 or chemical contaminant or agent, a radioactive substance, 
23 or a bomb or explosive compound.
24  (3) Causes great bodily harm or permanent disability or 
25 disfigurement to an individual whom the person knows to be 
 
 
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1 a peace officer, community policing volunteer, fireman, 
2 private security officer, correctional institution 
3 employee, or Department of Human Services employee 
4 supervising or controlling sexually dangerous persons or 
5 sexually violent persons:
6   (i) performing his or her official duties;
7   (ii) battered to prevent performance of his or her 
8 official duties; or
9   (iii) battered in retaliation for performing his 
10 or her official duties.
11  (4) Causes great bodily harm or permanent disability or 
12 disfigurement to an individual 60 years of age or older.
13  (5) Strangles another individual. 
14 (b) Offense based on injury to a child or person with an 
15intellectual disability. A person who is at least 18 years of 
16age commits aggravated battery when, in committing a battery, 
17he or she knowingly and without legal justification by any 
18means:
19  (1) causes great bodily harm or permanent disability or 
20 disfigurement to any child under the age of 13 years, or to 
21 any person with a severe or profound intellectual 
22 disability; or
23  (2) causes bodily harm or disability or disfigurement 
24 to any child under the age of 13 years or to any person 
25 with a severe or profound intellectual disability. 
26 (c) Offense based on location of conduct. A person commits 
 
 
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1aggravated battery when, in committing a battery, other than by 
2the discharge of a firearm, he or she is or the person battered 
3is on or about a public way, public property, a public place of 
4accommodation or amusement, a sports venue, or a domestic 
5violence shelter.
6 (d) Offense based on status of victim. A person commits 
7aggravated battery when, in committing a battery, other than by 
8discharge of a firearm, he or she knows the individual battered 
9to be any of the following:
10  (1) A person 60 years of age or older.
11  (2) A person who is pregnant or has a physical 
12 disability.
13  (3) A teacher or school employee upon school grounds or 
14 grounds adjacent to a school or in any part of a building 
15 used for school purposes.
16  (4) A peace officer, community policing volunteer, 
17 fireman, private security officer, correctional 
18 institution employee, or Department of Human Services 
19 employee supervising or controlling sexually dangerous 
20 persons or sexually violent persons:
21   (i) performing his or her official duties;
22   (ii) battered to prevent performance of his or her 
23 official duties; or
24   (iii) battered in retaliation for performing his 
25 or her official duties.
26  (5) A judge, emergency management worker, emergency 
 
 
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1 medical services personnel, or utility worker:
2   (i) performing his or her official duties;
3   (ii) battered to prevent performance of his or her 
4 official duties; or
5   (iii) battered in retaliation for performing his 
6 or her official duties.
7  (6) An officer or employee of the State of Illinois, a 
8 unit of local government, or a school district, while 
9 performing his or her official duties.
10  (7) A transit employee performing his or her official 
11 duties, or a transit passenger.
12  (8) A taxi driver on duty.
13  (9) A merchant who detains the person for an alleged 
14 commission of retail theft under Section 16-26 of this Code 
15 and the person without legal justification by any means 
16 causes bodily harm to the merchant.
17  (10) A person authorized to serve process under Section 
18 2-202 of the Code of Civil Procedure or a special process 
19 server appointed by the circuit court while that individual 
20 is in the performance of his or her duties as a process 
21 server.
22  (11) A nurse while in the performance of his or her 
23 duties as a nurse. 
24 (e) Offense based on use of a firearm. A person commits 
25aggravated battery when, in committing a battery, he or she 
26knowingly does any of the following:
 
 
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1  (1) Discharges a firearm, other than a machine gun or a 
2 firearm equipped with a silencer, and causes any injury to 
3 another person.
4  (2) Discharges a firearm, other than a machine gun or a 
5 firearm equipped with a silencer, and causes any injury to 
6 a person he or she knows to be a peace officer, community 
7 policing volunteer, person summoned by a police officer, 
8 fireman, private security officer, correctional 
9 institution employee, or emergency management worker:
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  (3) Discharges a firearm, other than a machine gun or a 
16 firearm equipped with a silencer, and causes any injury to 
17 a person he or she knows to be emergency medical services 
18 personnel:
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  (4) Discharges a firearm and causes any injury to a 
25 person he or she knows to be a teacher, a student in a 
26 school, or a school employee, and the teacher, student, or 
 
 
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1 employee is upon school grounds or grounds adjacent to a 
2 school or in any part of a building used for school 
3 purposes.
4  (5) Discharges a machine gun or a firearm equipped with 
5 a silencer, and causes any injury to another person.
6  (6) Discharges a machine gun or a firearm equipped with 
7 a silencer, and causes any injury to a person he or she 
8 knows to be a peace officer, community policing volunteer, 
9 person summoned by a police officer, fireman, private 
10 security officer, correctional institution employee or 
11 emergency management worker:
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  (7) Discharges a machine gun or a firearm equipped with 
18 a silencer, and causes any injury to a person he or she 
19 knows to be emergency medical services personnel:
20   (i) performing his or her official duties;
21   (ii) battered to prevent performance of his or her 
22 official duties; or
23   (iii) battered in retaliation for performing his 
24 or her official duties.
25  (8) Discharges a machine gun or a firearm equipped with 
26 a silencer, and causes any injury to a person he or she 
 
 
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1 knows to be a teacher, or a student in a school, or a 
2 school employee, and the teacher, student, or employee is 
3 upon school grounds or grounds adjacent to a school or in 
4 any part of a building used for school purposes. 
5 (f) Offense based on use of a weapon or device. A person 
6commits aggravated battery when, in committing a battery, he or 
7she does any of the following:
8  (1) Uses a deadly weapon other than by discharge of a 
9 firearm, or uses an air rifle as defined in Section 
10 24.8-0.1 of this Code.
11  (2) Affixes or manipulates a mask, cloth, or garment in 
12 order to conceal his or her identity Wears a hood, robe, or 
13 mask to conceal his or her identity.
14  (3) Knowingly and without lawful justification shines 
15 or flashes a laser gunsight or other laser device attached 
16 to a firearm, or used in concert with a firearm, so that 
17 the laser beam strikes upon or against the person of 
18 another.
19  (4) Knowingly video or audio records the offense with 
20 the intent to disseminate the recording. 
21 (g) Offense based on certain conduct. A person commits 
22aggravated battery when, other than by discharge of a firearm, 
23he or she does any of the following:
24  (1) Violates Section 401 of the Illinois Controlled 
25 Substances Act by unlawfully delivering a controlled 
26 substance to another and any user experiences great bodily 
 
 
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1 harm or permanent disability as a result of the injection, 
2 inhalation, or ingestion of any amount of the controlled 
3 substance.
4  (2) Knowingly administers to an individual or causes 
5 him or her to take, without his or her consent or by threat 
6 or deception, and for other than medical purposes, any 
7 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
8 or controlled substance, or gives to another person any 
9 food containing any substance or object intended to cause 
10 physical injury if eaten.
11  (3) Knowingly causes or attempts to cause a 
12 correctional institution employee or Department of Human 
13 Services employee to come into contact with blood, seminal 
14 fluid, urine, or feces by throwing, tossing, or expelling 
15 the fluid or material, and the person is an inmate of a 
16 penal institution or is a sexually dangerous person or 
17 sexually violent person in the custody of the Department of 
18 Human Services.
19 (h) Sentence. Unless otherwise provided, aggravated 
20battery is a Class 3 felony.
21 Aggravated battery as defined in subdivision (a)(4), 
22(d)(4), or (g)(3) is a Class 2 felony.
23 Aggravated battery as defined in subdivision (a)(3) or 
24(g)(1) is a Class 1 felony.
25 Aggravated battery as defined in subdivision (a)(1) is a 
26Class 1 felony when the aggravated battery was intentional and 
 
 
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1involved the infliction of torture, as defined in paragraph 
2(14) of subsection (b) of Section 9-1 of this Code, as the 
3infliction of or subjection to extreme physical pain, motivated 
4by an intent to increase or prolong the pain, suffering, or 
5agony of the victim. 
6 Aggravated battery under subdivision (a)(5) is a
Class 1 
7felony if:
8  (A) the person used or attempted to use a dangerous

9 instrument while committing the offense; or
10  (B) the person caused great bodily harm or
permanent 
11 disability or disfigurement to the other
person while 
12 committing the offense; or
13  (C) the person has been previously convicted of a

14 violation of subdivision (a)(5) under the laws of this

15 State or laws similar to subdivision (a)(5) of any other

16 state. 
17 Aggravated battery as defined in subdivision (e)(1) is a 
18Class X felony.
19 Aggravated battery as defined in subdivision (a)(2) is a 
20Class X felony for which a person shall be sentenced to a term 
21of imprisonment of a minimum of 6 years and a maximum of 45 
22years.
23 Aggravated battery as defined in subdivision (e)(5) is a 
24Class X felony for which a person shall be sentenced to a term 
25of imprisonment of a minimum of 12 years and a maximum of 45 
26years.
 
 
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1 Aggravated battery as defined in subdivision (e)(2), 
2(e)(3), or (e)(4) is a Class X felony for which a person shall 
3be sentenced to a term of imprisonment of a minimum of 15 years 
4and a maximum of 60 years.
5 Aggravated battery as defined in subdivision (e)(6), 
6(e)(7), or (e)(8) is a Class X felony for which a person shall 
7be sentenced to a term of imprisonment of a minimum of 20 years 
8and a maximum of 60 years.
9 Aggravated battery as defined in subdivision (b)(1) is a 
10Class X felony, except that:
11  (1) if the person committed the offense while armed 
12 with a firearm, 15 years shall be added to the term of 
13 imprisonment imposed by the court;
14  (2) if, during the commission of the offense, the 
15 person personally discharged a firearm, 20 years shall be 
16 added to the term of imprisonment imposed by the court;
17  (3) if, during the commission of the offense, the 
18 person personally discharged a firearm that proximately 
19 caused great bodily harm, permanent disability, permanent 
20 disfigurement, or death to another person, 25 years or up 
21 to a term of natural life shall be added to the term of 
22 imprisonment imposed by the court.
23 (i) Definitions. For the purposes of this Section:
24 "Building or other structure used to provide shelter" has 
25the meaning ascribed to "shelter" in Section 1 of the Domestic 
26Violence Shelters Act.
 
 
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1 "Domestic violence" has the meaning ascribed to it in 
2Section 103 of the Illinois Domestic Violence Act of 1986.
3 "Domestic violence shelter" means any building or other 
4structure used to provide shelter or other services to victims 
5or to the dependent children of victims of domestic violence 
6pursuant to the Illinois Domestic Violence Act of 1986 or the 
7Domestic Violence Shelters Act, or any place within 500 feet of 
8such a building or other structure in the case of a person who 
9is going to or from such a building or other structure.
10 "Firearm" has the meaning provided under Section 1.1
of the 
11Firearm Owners Identification Card Act, and does
not include an 
12air rifle as defined by Section 24.8-0.1 of this Code. 
13 "Machine gun" has the meaning ascribed to it in Section 
1424-1 of this Code.
15 "Merchant" has the meaning ascribed to it in Section 16-0.1 
16of this Code. 
17 "Strangle" means
intentionally impeding the normal 
18breathing or circulation of the blood of an individual by 
19applying pressure on the throat
or neck of that individual or 
20by blocking the nose or mouth of
that individual. 

21(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, 
22eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)





23 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


24 Sec. 24-1. Unlawful use of weapons. 

25 (a) A person commits the offense of unlawful use of weapons 
 
 
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1when
he knowingly:

2  (1) Sells, manufactures, purchases, possesses or 
3 carries any bludgeon,
black-jack, slung-shot, sand-club, 
4 sand-bag, metal knuckles or other knuckle weapon 
5 regardless of its composition, throwing star,
or any knife, 
6 commonly referred to as a switchblade knife, which has a

7 blade that opens automatically by hand pressure applied to 
8 a button,
spring or other device in the handle of the 
9 knife, or a ballistic knife,
which is a device that propels 
10 a knifelike blade as a projectile by means
of a coil 
11 spring, elastic material or compressed gas; or

12  (2) Carries or possesses with intent to use the same 
13 unlawfully
against another, a dagger, dirk, billy, 
14 dangerous knife, razor,
stiletto, broken bottle or other 
15 piece of glass, stun gun or taser or
any other dangerous or 
16 deadly weapon or instrument of like character; or

17  (3) Carries on or about his person or in any vehicle, a 
18 tear gas gun
projector or bomb or any object containing 
19 noxious liquid gas or
substance, other than an object 
20 containing a non-lethal noxious liquid gas
or substance 
21 designed solely for personal defense carried by a person 18

22 years of age or older; or

23  (4) Carries or possesses in any vehicle or concealed on 
24 or about his
person except when on his land or in his own 
25 abode, legal dwelling, or fixed place of
business, or on 
26 the land or in the legal dwelling of another person as an 
 
 
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1 invitee with that person's permission, any pistol, 
2 revolver, stun gun or taser or other firearm, except
that

3 this subsection (a) (4) does not apply to or affect 
4 transportation of weapons
that meet one of the following 
5 conditions:

6   (i) are broken down in a non-functioning state; or

7   (ii) are not immediately accessible; or

8   (iii) are unloaded and enclosed in a case, firearm 
9 carrying box,
shipping box, or other container by a 
10 person who has been issued a currently
valid Firearm 
11 Owner's
Identification Card; or
12   (iv) are carried or possessed in accordance with 
13 the Firearm Concealed Carry Act by a person who has 
14 been issued a currently valid license under the Firearm 
15 Concealed Carry Act; or 

16  (5) Sets a spring gun; or

17  (6) Possesses any device or attachment of any kind 
18 designed, used or
intended for use in silencing the report 
19 of any firearm; or

20  (7) Sells, manufactures, purchases, possesses or 
21 carries:

22   (i) a machine gun, which shall be defined for the 
23 purposes of this
subsection as any weapon,
which 
24 shoots, is designed to shoot, or can be readily 
25 restored to shoot,
automatically more than one shot 
26 without manually reloading by a single
function of the 
 
 
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1 trigger, including the frame or receiver
of any such 
2 weapon, or sells, manufactures, purchases, possesses, 
3 or
carries any combination of parts designed or 
4 intended for
use in converting any weapon into a 
5 machine gun, or any combination or
parts from which a 
6 machine gun can be assembled if such parts are in the

7 possession or under the control of a person;

8   (ii) any rifle having one or
more barrels less than 
9 16 inches in length or a shotgun having one or more

10 barrels less than 18 inches in length or any weapon 
11 made from a rifle or
shotgun, whether by alteration, 
12 modification, or otherwise, if such a weapon
as 
13 modified has an overall length of less than 26 inches; 
14 or

15   (iii) any
bomb, bomb-shell, grenade, bottle or 
16 other container containing an
explosive substance of 
17 over one-quarter ounce for like purposes, such
as, but 
18 not limited to, black powder bombs and Molotov 
19 cocktails or
artillery projectiles; or

20  (8) Carries or possesses any firearm, stun gun or taser 
21 or other
deadly weapon in any place which is licensed to 
22 sell intoxicating
beverages, or at any public gathering 
23 held pursuant to a license issued
by any governmental body 
24 or any public gathering at which an admission
is charged, 
25 excluding a place where a showing, demonstration or lecture

26 involving the exhibition of unloaded firearms is 
 
 
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1 conducted.

2  This subsection (a)(8) does not apply to any auction or 
3 raffle of a firearm
held pursuant to
a license or permit 
4 issued by a governmental body, nor does it apply to persons

5 engaged
in firearm safety training courses; or

6  (9) Carries or possesses in a vehicle or on or about 
7 his person any
pistol, revolver, stun gun or taser or 
8 firearm or ballistic knife, when
he or she affixes or 
9 manipulates a mask, cloth, or garment in order to conceal 
10 his or her identity is hooded, robed or masked in such 
11 manner as to conceal his identity; or

12  (10) Carries or possesses on or about his person, upon 
13 any public street,
alley, or other public lands within the 
14 corporate limits of a city, village
or incorporated town, 
15 except when an invitee thereon or therein, for the
purpose 
16 of the display of such weapon or the lawful commerce in 
17 weapons, or
except when on his land or in his own abode, 
18 legal dwelling, or fixed place of business, or on the land 
19 or in the legal dwelling of another person as an invitee 
20 with that person's permission, any
pistol, revolver, stun 
21 gun or taser or other firearm, except that this
subsection 
22 (a) (10) does not apply to or affect transportation of 
23 weapons that
meet one of the following conditions:

24   (i) are broken down in a non-functioning state; or

25   (ii) are not immediately accessible; or

26   (iii) are unloaded and enclosed in a case, firearm 
 
 
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1 carrying box,
shipping box, or other container by a 
2 person who has been issued a currently
valid Firearm 
3 Owner's
Identification Card; or

4   (iv) are carried or possessed in accordance with 
5 the Firearm Concealed Carry Act by a person who has 
6 been issued a currently valid license under the Firearm 
7 Concealed Carry Act. 
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 or 
11 several barbs attached to a length of wire and
which, upon 
12 hitting a human, can send out a current capable of 
13 disrupting
the person's nervous system in such a manner as 
14 to render him incapable of
normal functioning or (ii) any 
15 device which is powered by electrical
charging units, such 
16 as batteries, and which, upon contact with a human or

17 clothing worn by a human, can send out current capable of 
18 disrupting
the person's nervous system in such a manner as 
19 to render him incapable
of normal functioning; or

20  (11) Sells, manufactures or purchases any explosive 
21 bullet. For purposes
of this paragraph (a) "explosive 
22 bullet" means the projectile portion of
an ammunition 
23 cartridge which contains or carries an explosive charge 
24 which
will explode upon contact with the flesh of a human 
25 or an animal.
"Cartridge" means a tubular metal case having 
26 a projectile affixed at the
front thereof and a cap or 
 
 
10000SB1842sam001- 24 -LRB100 09933 RLC 24541 a


1 primer at the rear end thereof, with the
propellant 
2 contained in such tube between the projectile and the cap; 
3 or

4  (12) (Blank); or

5  (13) Carries or possesses on or about his or her person 
6 while in a building occupied by a unit of government, a 
7 billy club, other weapon of like character, or other 
8 instrument of like character intended for use as a weapon. 
9 For the purposes of this Section, "billy club" means a 
10 short stick or club commonly carried by police officers 
11 which is either telescopic or constructed of a solid piece 
12 of wood or other man-made material. 
13 (b) Sentence. A person convicted of a violation of 
14subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

15subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
16Class A
misdemeanor.
A person convicted of a violation of 
17subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
18person
convicted of a violation of subsection 24-1(a)(6) or 
1924-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
20convicted of a violation of subsection
24-1(a)(7)(i) commits a 
21Class 2 felony and shall be sentenced to a term of imprisonment 
22of not less than 3 years and not more than 7 years, unless the 
23weapon is possessed in the
passenger compartment of a motor 
24vehicle as defined in Section 1-146 of the
Illinois Vehicle 
25Code, or on the person, while the weapon is loaded, in which

26case it shall be a Class X felony. A person convicted of a

 
 
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1second or subsequent violation of subsection 24-1(a)(4), 
224-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
3felony. The possession of each weapon in violation of this 
4Section constitutes a single and separate violation.

5 (c) Violations in specific places.

6  (1) A person who violates subsection 24-1(a)(6) or 
7 24-1(a)(7) in any
school, regardless of the time of day or 
8 the time of year, in residential
property owned, operated 
9 or managed by a public housing agency or
leased by
a public 
10 housing agency as part of a scattered site or mixed-income

11 development, in a
public park, in a courthouse, on the real 
12 property comprising any school,
regardless of the
time of 
13 day or the time of year, on residential property owned, 
14 operated
or
managed by a public housing agency
or leased by 
15 a public housing agency as part of a scattered site or

16 mixed-income development,
on the real property comprising 
17 any
public park, on the real property comprising any 
18 courthouse, in any conveyance
owned, leased or contracted 
19 by a school to
transport students to or from school or a 
20 school related activity, in any conveyance
owned, leased, 
21 or contracted by a public transportation agency, or on any

22 public way within 1,000 feet of the real property 
23 comprising any school,
public park, courthouse, public 
24 transportation facility, or residential property owned, 
25 operated, or managed
by a public housing agency
or leased 
26 by a public housing agency as part of a scattered site or

 
 
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1 mixed-income development
commits a Class 2 felony and shall 
2 be sentenced to a term of imprisonment of not less than 3 
3 years and not more than 7 years.

4  (1.5) A person who violates subsection 24-1(a)(4), 
5 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
6 time of day or the time of year,
in residential property 
7 owned, operated, or managed by a public
housing
agency
or 
8 leased by a public housing agency as part of a scattered 
9 site or
mixed-income development,
in
a public
park, in a 
10 courthouse, on the real property comprising any school, 
11 regardless
of the time of day or the time of year, on 
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,
on 
15 the real property
comprising any public park, on the real 
16 property comprising any courthouse, in
any conveyance 
17 owned, leased, or contracted by a school to transport 
18 students
to or from school or a school related activity, in 
19 any conveyance
owned, leased, or contracted by a public 
20 transportation agency, or on any public way within
1,000 
21 feet of the real property comprising any school, public 
22 park, courthouse,
public transportation facility, or 
23 residential property owned, operated, or managed by a 
24 public
housing agency
or leased by a public housing agency 
25 as part of a scattered site or
mixed-income development

26 commits a Class 3 felony.

 
 
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1  (2) A person who violates subsection 24-1(a)(1), 
2 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
3 time of day or the time of year, in
residential property 
4 owned, operated or managed by a public housing
agency
or 
5 leased by a public housing agency as part of a scattered 
6 site or
mixed-income development,
in
a public park, in a 
7 courthouse, on the real property comprising any school,

8 regardless of the time of day or the time of year, on 
9 residential property
owned, operated or managed by a public 
10 housing agency
or leased by a public housing agency as part 
11 of a scattered site or
mixed-income development,
on the 
12 real property
comprising any public park, on the real 
13 property comprising any courthouse, in
any conveyance 
14 owned, leased or contracted by a school to transport 
15 students
to or from school or a school related activity, in 
16 any conveyance
owned, leased, or contracted by a public 
17 transportation agency, or on any public way within
1,000 
18 feet of the real property comprising any school, public 
19 park, courthouse,
public transportation facility, or 
20 residential property owned, operated, or managed by a 
21 public
housing agency or leased by a public housing agency 
22 as part of a scattered
site or mixed-income development 
23 commits a Class 4 felony. "Courthouse"
means any building 
24 that is used by the Circuit, Appellate, or Supreme Court of

25 this State for the conduct of official business.

26  (3) Paragraphs (1), (1.5), and (2) of this subsection 
 
 
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1 (c) shall not
apply to law
enforcement officers or security 
2 officers of such school, college, or
university or to 
3 students carrying or possessing firearms for use in 
4 training
courses, parades, hunting, target shooting on 
5 school ranges, or otherwise with
the consent of school 
6 authorities and which firearms are transported unloaded

7 enclosed in a suitable case, box, or transportation 
8 package.

9  (4) For the purposes of this subsection (c), "school" 
10 means any public or
private elementary or secondary school, 
11 community college, college, or
university.

12  (5) For the purposes of this subsection (c), "public 
13 transportation agency" means a public or private agency 
14 that provides for the transportation or conveyance of

15 persons by means available to the general public, except 
16 for transportation
by automobiles not used for conveyance 
17 of the general public as passengers; and "public 
18 transportation facility" means a terminal or other place

19 where one may obtain public transportation.

20 (d) The presence in an automobile other than a public 
21omnibus of any
weapon, instrument or substance referred to in 
22subsection (a)(7) is
prima facie evidence that it is in the 
23possession of, and is being
carried by, all persons occupying 
24such automobile at the time such
weapon, instrument or 
25substance is found, except under the following
circumstances: 
26(i) if such weapon, instrument or instrumentality is
found upon 
 
 
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1the person of one of the occupants therein; or (ii) if such

2weapon, instrument or substance is found in an automobile 
3operated for
hire by a duly licensed driver in the due, lawful 
4and proper pursuit of
his trade, then such presumption shall 
5not apply to the driver.

6 (e) Exemptions. Crossbows, Common or Compound bows and 
7Underwater
Spearguns are exempted from the definition of 
8ballistic knife as defined in
paragraph (1) of subsection (a) 
9of this Section.

10(Source: P.A. 99-29, eff. 7-10-15.)



11 Section 99. Effective date. This Act takes effect upon 
12becoming law.".