102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB1114

Introduced , by Rep. Emanuel Chris Welch

SYNOPSIS AS INTRODUCED:

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

Amends the Criminal Code of 2012. Makes a technical change in a

Section concerning the unlawful use
of weapons.

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by

5 changing Section 24-1 as follows:

6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

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

8 (a) A person commits the~~the~~ offense of unlawful use of

9 weapons when he knowingly:

10 (1) Sells, manufactures, purchases, possesses or

11 carries any bludgeon, black-jack, slung-shot, sand-club,

12 sand-bag, metal knuckles or other knuckle weapon

13 regardless of its composition, throwing star, or any

14 knife, commonly referred to as a switchblade knife, which

15 has a blade that opens automatically by hand pressure

16 applied to a button, spring or other device in the handle

17 of the knife, or a ballistic knife, which is a device that

18 propels a knifelike blade as a projectile by means of a

19 coil spring, elastic material or compressed gas; or

20 (2) Carries or possesses with intent to use the same

21 unlawfully against another, a dagger, dirk, billy,

22 dangerous knife, razor, stiletto, broken bottle or other

23 piece of glass, stun gun or taser or any other dangerous or

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1 deadly weapon or instrument of like character; or

2 (2.5) Carries or possesses with intent to use the same

3 unlawfully against another, any firearm in a church,

4 synagogue, mosque, or other building, structure, or place

5 used for religious worship; or

6 (3) Carries on or about his person or in any vehicle, a

7 tear gas gun projector or bomb or any object containing

8 noxious liquid gas or substance, other than an object

9 containing a non-lethal noxious liquid gas or substance

10 designed solely for personal defense carried by a person

11 18 years of age or older; or

12 (4) Carries or possesses in any vehicle or concealed

13 on or about his person except when on his land or in his

14 own abode, legal dwelling, or fixed place of business, or

15 on the land or in the legal dwelling of another person as

16 an invitee with that person's permission, any pistol,

17 revolver, stun gun or taser or other firearm, except that

18 this subsection (a) (4) does not apply to or affect

19 transportation of weapons that meet one of the following

20 conditions:

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

22 (ii) are not immediately accessible; or

23 (iii) are unloaded and enclosed in a case, firearm

24 carrying box, shipping box, or other container by a

25 person who has been issued a currently valid Firearm

26 Owner's Identification Card; or

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1 (iv) are carried or possessed in accordance with

2 the Firearm Concealed Carry Act by a person who has

3 been issued a currently valid license under the

4 Firearm Concealed Carry Act; or

5 (5) Sets a spring gun; or

6 (6) Possesses any device or attachment of any kind

7 designed, used or intended for use in silencing the report

8 of any firearm; or

9 (7) Sells, manufactures, purchases, possesses or

10 carries:

11 (i) a machine gun, which shall be defined for the

12 purposes of this subsection as any weapon, which

13 shoots, is designed to shoot, or can be readily

14 restored to shoot, automatically more than one shot

15 without manually reloading by a single function of the

16 trigger, including the frame or receiver of any such

17 weapon, or sells, manufactures, purchases, possesses,

18 or carries any combination of parts designed or

19 intended for use in converting any weapon into a

20 machine gun, or any combination or parts from which a

21 machine gun can be assembled if such parts are in the

22 possession or under the control of a person;

23 (ii) any rifle having one or more barrels less

24 than 16 inches in length or a shotgun having one or

25 more barrels less than 18 inches in length or any

26 weapon made from a rifle or shotgun, whether by

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1 alteration, modification, or otherwise, if such a

2 weapon as modified has an overall length of less than

3 26 inches; or

4 (iii) any bomb, bomb-shell, grenade, bottle or

5 other container containing an explosive substance of

6 over one-quarter ounce for like purposes, such as, but

7 not limited to, black powder bombs and Molotov

8 cocktails or artillery projectiles; or

9 (8) Carries or possesses any firearm, stun gun or

10 taser or other deadly weapon in any place which is

11 licensed to sell intoxicating beverages, or at any public

12 gathering held pursuant to a license issued by any

13 governmental body or any public gathering at which an

14 admission is charged, excluding a place where a showing,

15 demonstration or lecture involving the exhibition of

16 unloaded firearms is conducted.

17 This subsection (a)(8) does not apply to any auction

18 or raffle of a firearm held pursuant to a license or permit

19 issued by a governmental body, nor does it apply to

20 persons engaged in firearm safety training courses; or

21 (9) Carries or possesses in a vehicle or on or about

22 his or her person any pistol, revolver, stun gun or taser

23 or firearm or ballistic knife, when he or she is hooded,

24 robed or masked in such manner as to conceal his or her

25 identity; or

26 (10) Carries or possesses on or about his or her

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1 person, upon any public street, alley, or other public

2 lands within the corporate limits of a city, village, or

3 incorporated town, except when an invitee thereon or

4 therein, for the purpose of the display of such weapon or

5 the lawful commerce in weapons, or except when on his land

6 or in his or her own abode, legal dwelling, or fixed place

7 of business, or on the land or in the legal dwelling of

8 another person as an invitee with that person's

9 permission, any pistol, revolver, stun gun, or taser or

10 other firearm, except that this subsection (a) (10) does

11 not apply to or affect transportation of weapons that meet

12 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

22 Firearm 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

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

15 having a projectile affixed at the front thereof and a cap

16 or primer at the rear end thereof, with the propellant

17 contained in such tube between the projectile and the cap;

18 or

19 (12) (Blank); or

20 (13) Carries or possesses on or about his or her

21 person while in a building occupied by a unit of

22 government, a billy club, other weapon of like character,

23 or other instrument of like character intended for use as

24 a weapon. For the purposes of this Section, "billy club"

25 means a short stick or club commonly carried by police

26 officers which is either telescopic or constructed of a

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1 solid piece 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;

7 a 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

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. A person convicted of a violation of subsection

19 24-1(a)(2.5) commits a Class 2 felony. The possession of each

20 weapon in violation of this Section constitutes a single and

21 separate violation.

22 (c) Violations in specific places.

23 (1) A person who violates subsection 24-1(a)(6) or

24 24-1(a)(7) in any school, regardless of the time of day or

25 the time of year, in residential property owned, operated

26 or managed by a public housing agency or leased by a public

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1 housing agency as part of a scattered site or mixed-income

2 development, in a public park, in a courthouse, on the

3 real property comprising any school, regardless of the

4 time of day or the time of year, on residential property

5 owned, operated or managed by a public housing agency or

6 leased by a public housing agency as part of a scattered

7 site or mixed-income development, on the real property

8 comprising any public park, on the real property

9 comprising any courthouse, in any conveyance owned, leased

10 or contracted by a school to transport students to or from

11 school or a school related activity, in any conveyance

12 owned, leased, or contracted by a public transportation

13 agency, or on any public way within 1,000 feet of the real

14 property comprising any school, public park, courthouse,

15 public transportation facility, or residential property

16 owned, operated, or managed by a public housing agency or

17 leased by a public housing agency as part of a scattered

18 site or mixed-income development commits a Class 2 felony

19 and shall be sentenced to a term of imprisonment of not

20 less than 3 years and not more than 7 years.

21 (1.5) A person who violates subsection 24-1(a)(4),

22 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

23 the time of day or the time of year, in residential

24 property owned, operated, or managed by a public housing

25 agency or leased by a public housing agency as part of a

26 scattered site or mixed-income development, in a public

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1 park, in a courthouse, on the real property comprising any

2 school, regardless of the time of day or the time of year,

3 on residential property owned, operated, or managed by a

4 public housing agency or leased by a public housing agency

5 as part of a scattered site or mixed-income development,

6 on the real property comprising any public park, on the

7 real property comprising any courthouse, in any conveyance

8 owned, leased, or contracted by a school to transport

9 students to or from school or a school related activity,

10 in any conveyance owned, leased, or contracted by a public

11 transportation agency, or on any public way within 1,000

12 feet of the real property comprising any school, public

13 park, courthouse, public transportation facility, or

14 residential property owned, operated, or managed by a

15 public housing agency or leased by a public housing agency

16 as part of a scattered site or mixed-income development

17 commits a Class 3 felony.

18 (2) A person who violates subsection 24-1(a)(1),

19 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

20 time of day or the time of year, in residential property

21 owned, operated or managed by a public housing agency or

22 leased by a public housing agency as part of a scattered

23 site or mixed-income development, in a public park, in a

24 courthouse, on the real property comprising any school,

25 regardless of the time of day or the time of year, on

26 residential property owned, operated or managed by a

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1 public housing agency or leased by a public housing agency

2 as part of a scattered site or mixed-income development,

3 on the real property comprising any public park, on the

4 real property comprising any courthouse, in any conveyance

5 owned, leased or contracted by a school to transport

6 students to or from school or a school related activity,

7 in any conveyance owned, leased, or contracted by a public

8 transportation agency, or on any public way within 1,000

9 feet of the real property comprising any school, public

10 park, courthouse, public transportation facility, or

11 residential property owned, operated, or managed by a

12 public housing agency or leased by a public housing agency

13 as part of a scattered site or mixed-income development

14 commits a Class 4 felony. "Courthouse" means any building

15 that is used by the Circuit, Appellate, or Supreme Court

16 of this State for the conduct of official business.

17 (3) Paragraphs (1), (1.5), and (2) of this subsection

18 (c) shall not apply to law enforcement officers or

19 security officers of such school, college, or university

20 or to students carrying or possessing firearms for use in

21 training courses, parades, hunting, target shooting on

22 school ranges, or otherwise with the consent of school

23 authorities and which firearms are transported unloaded

24 enclosed in a suitable case, box, or transportation

25 package.

26 (4) For the purposes of this subsection (c), "school"

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1 means any public or private elementary or secondary

2 school, community college, college, or university.

3 (5) For the purposes of this subsection (c), "public

4 transportation agency" means a public or private agency

5 that provides for the transportation or conveyance of

6 persons by means available to the general public, except

7 for transportation by automobiles not used for conveyance

8 of the general public as passengers; and "public

9 transportation facility" means a terminal or other place

10 where one may obtain public transportation.

11 (d) The presence in an automobile other than a public

12 omnibus of any weapon, instrument or substance referred to in

13 subsection (a)(7) is prima facie evidence that it is in the

14 possession of, and is being carried by, all persons occupying

15 such automobile at the time such weapon, instrument or

16 substance is found, except under the following circumstances:

17 (i) if such weapon, instrument or instrumentality is found

18 upon the person of one of the occupants therein; or (ii) if

19 such weapon, instrument or substance is found in an automobile

20 operated for hire by a duly licensed driver in the due, lawful

21 and proper pursuit of his or her trade, then such presumption

22 shall not apply to the driver.

23 (e) Exemptions.

24 (1) Crossbows, Common or Compound bows and Underwater

25 Spearguns are exempted from the definition of ballistic

26 knife as defined in paragraph (1) of subsection (a) of

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1 this Section.

2 (2) The provision of paragraph (1) of subsection (a)

3 of this Section prohibiting the sale, manufacture,

4 purchase, possession, or carrying of any knife, commonly

5 referred to as a switchblade knife, which has a blade that

6 opens automatically by hand pressure applied to a button,

7 spring or other device in the handle of the knife, does not

8 apply to a person who possesses a currently valid Firearm

9 Owner's Identification Card previously issued in his or

10 her name by the Department of State Police or to a person

11 or an entity engaged in the business of selling or

12 manufacturing switchblade knives.

13 (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)