|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3382 Introduced , by Rep. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
|
| 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 |
|
Amends the Criminal Code of 2012. Provides that a person commits a petty offense if he or she is convicted of a violation for unlawful use of a weapon that would not be an offense if the person possessed a valid Firearm Owner's Identification Card.
| |
| | |
| | A BILL FOR |
|
|
| | HB3382 | | LRB102 13593 KMF 18942 b |
|
|
| 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 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 |
|
| | HB3382 | - 2 - | LRB102 13593 KMF 18942 b |
|
|
|
| 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 |
|
| | HB3382 | - 3 - | LRB102 13593 KMF 18942 b |
|
|
|
| 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 |
|
| | HB3382 | - 4 - | LRB102 13593 KMF 18942 b |
|
|
|
| 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 |
|
| | HB3382 | - 5 - | LRB102 13593 KMF 18942 b |
|
|
|
| 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 |
|
| | HB3382 | - 6 - | LRB102 13593 KMF 18942 b |
|
|
|
| 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 |
|
| | HB3382 | - 7 - | LRB102 13593 KMF 18942 b |
|
|
|
| 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. Notwithstanding any provision of law to |
| 22 | | the contrary, a person commits a petty offense under this |
| 23 | | Section if he or she is convicted of a violation of any |
| 24 | | provision of this Section that would not be an offense if the |
| 25 | | person possessed a valid Firearm Owner's Identification Card.
|
| 26 | | (c) Violations in specific places.
|
|
| | HB3382 | - 8 - | LRB102 13593 KMF 18942 b |
|
|
|
| 1 | | (1) A person who violates subsection 24-1(a)(6) or |
| 2 | | 24-1(a)(7) in any
school, regardless of the time of day or |
| 3 | | the time of year, in residential
property owned, operated |
| 4 | | or managed by a public housing agency or
leased by
a public |
| 5 | | housing agency as part of a scattered site or mixed-income
|
| 6 | | development, in a
public park, in a courthouse, on the |
| 7 | | real property comprising any school,
regardless of the
|
| 8 | | time of day or the time of year, on residential property |
| 9 | | owned, operated
or
managed by a public housing agency
or |
| 10 | | leased by a public housing agency as part of a scattered |
| 11 | | site or
mixed-income development,
on the real property |
| 12 | | comprising any
public park, on the real property |
| 13 | | comprising any courthouse, in any conveyance
owned, leased |
| 14 | | or contracted by a school to
transport students to or from |
| 15 | | school or a school related activity, in any conveyance
|
| 16 | | owned, leased, or contracted by a public transportation |
| 17 | | agency, or on any
public way within 1,000 feet of the real |
| 18 | | property comprising any school,
public park, courthouse, |
| 19 | | public transportation facility, or residential property |
| 20 | | owned, operated, or managed
by a public housing agency
or |
| 21 | | leased by a public housing agency as part of a scattered |
| 22 | | site or
mixed-income development
commits a Class 2 felony |
| 23 | | and shall be sentenced to a term of imprisonment of not |
| 24 | | less than 3 years and not more than 7 years.
|
| 25 | | (1.5) A person who violates subsection 24-1(a)(4), |
| 26 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of |
|
| | HB3382 | - 9 - | LRB102 13593 KMF 18942 b |
|
|
|
| 1 | | the time of day or the time of year,
in residential |
| 2 | | property owned, operated, or managed by a public
housing
|
| 3 | | agency
or leased by a public housing agency as part of a |
| 4 | | scattered site or
mixed-income development,
in
a public
|
| 5 | | park, in a courthouse, on the real property comprising any |
| 6 | | school, regardless
of the time of day or the time of year, |
| 7 | | on residential property owned,
operated, or managed by a |
| 8 | | public housing agency
or leased by a public housing agency |
| 9 | | as part of a scattered site or
mixed-income development,
|
| 10 | | on the real property
comprising any public park, on the |
| 11 | | real property comprising any courthouse, in
any conveyance |
| 12 | | owned, leased, or contracted by a school to transport |
| 13 | | students
to or from school or a school related activity, |
| 14 | | in any conveyance
owned, leased, or contracted by a public |
| 15 | | transportation agency, or on any public way within
1,000 |
| 16 | | feet of the real property comprising any school, public |
| 17 | | park, courthouse,
public transportation facility, or |
| 18 | | residential property owned, operated, or managed by a |
| 19 | | public
housing agency
or leased by a public housing agency |
| 20 | | as part of a scattered site or
mixed-income development
|
| 21 | | commits a Class 3 felony.
|
| 22 | | (2) A person who violates subsection 24-1(a)(1), |
| 23 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the |
| 24 | | time of day or the time of year, in
residential property |
| 25 | | owned, operated or managed by a public housing
agency
or |
| 26 | | leased by a public housing agency as part of a scattered |
|
| | HB3382 | - 10 - | LRB102 13593 KMF 18942 b |
|
|
|
| 1 | | site or
mixed-income development,
in
a public park, in a |
| 2 | | courthouse, on the real property comprising any school,
|
| 3 | | regardless of the time of day or the time of year, on |
| 4 | | residential property
owned, operated or managed by a |
| 5 | | public housing agency
or leased by a public housing agency |
| 6 | | as part of a scattered site or
mixed-income development,
|
| 7 | | on the real property
comprising any public park, on the |
| 8 | | real property comprising any courthouse, in
any conveyance |
| 9 | | owned, leased or contracted by a school to transport |
| 10 | | students
to or from school or a school related activity, |
| 11 | | in any conveyance
owned, leased, or contracted by a public |
| 12 | | transportation agency, or on any public way within
1,000 |
| 13 | | feet of the real property comprising any school, public |
| 14 | | park, courthouse,
public transportation facility, or |
| 15 | | residential property owned, operated, or managed by a |
| 16 | | public
housing agency or leased by a public housing agency |
| 17 | | as part of a scattered
site or mixed-income development |
| 18 | | commits a Class 4 felony. "Courthouse"
means any building |
| 19 | | that is used by the Circuit, Appellate, or Supreme Court |
| 20 | | of
this State for the conduct of official business.
|
| 21 | | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| 22 | | (c) shall not
apply to law
enforcement officers or |
| 23 | | security officers of such school, college, or
university |
| 24 | | or to students carrying or possessing firearms for use in |
| 25 | | training
courses, parades, hunting, target shooting on |
| 26 | | school ranges, or otherwise with
the consent of school |
|
| | HB3382 | - 11 - | LRB102 13593 KMF 18942 b |
|
|
|
| 1 | | authorities and which firearms are transported unloaded
|
| 2 | | enclosed in a suitable case, box, or transportation |
| 3 | | package.
|
| 4 | | (4) For the purposes of this subsection (c), "school" |
| 5 | | means any public or
private elementary or secondary |
| 6 | | school, community college, college, or
university.
|
| 7 | | (5) For the purposes of this subsection (c), "public |
| 8 | | transportation agency" means a public or private agency |
| 9 | | that provides for the transportation or conveyance of
|
| 10 | | persons by means available to the general public, except |
| 11 | | for transportation
by automobiles not used for conveyance |
| 12 | | of the general public as passengers; and "public |
| 13 | | transportation facility" means a terminal or other place
|
| 14 | | where one may obtain public transportation.
|
| 15 | | (d) The presence in an automobile other than a public |
| 16 | | omnibus of any
weapon, instrument or substance referred to in |
| 17 | | subsection (a)(7) is
prima facie evidence that it is in the |
| 18 | | possession of, and is being
carried by, all persons occupying |
| 19 | | such automobile at the time such
weapon, instrument or |
| 20 | | substance is found, except under the following
circumstances: |
| 21 | | (i) if such weapon, instrument or instrumentality is
found |
| 22 | | upon the person of one of the occupants therein; or (ii) if |
| 23 | | such
weapon, instrument or substance is found in an automobile |
| 24 | | operated for
hire by a duly licensed driver in the due, lawful |
| 25 | | and proper pursuit of
his or her trade, then such presumption |
| 26 | | shall not apply to the driver.
|
|
| | HB3382 | - 12 - | LRB102 13593 KMF 18942 b |
|
|
|
| 1 | | (e) Exemptions. |
| 2 | | (1) Crossbows, Common or Compound bows and Underwater
|
| 3 | | Spearguns are exempted from the definition of ballistic |
| 4 | | knife as defined in
paragraph (1) of subsection (a) of |
| 5 | | this Section. |
| 6 | | (2) The provision of paragraph (1) of subsection (a) |
| 7 | | of this Section prohibiting the sale, manufacture, |
| 8 | | purchase, possession, or carrying of any knife, commonly |
| 9 | | referred to as a switchblade knife, which has a
blade that |
| 10 | | opens automatically by hand pressure applied to a button,
|
| 11 | | spring or other device in the handle of the knife, does not |
| 12 | | apply to a person who possesses a currently valid Firearm |
| 13 | | Owner's Identification Card previously issued in his or |
| 14 | | her name by the Department of State Police or to a person |
| 15 | | or an entity engaged in the business of selling or |
| 16 | | manufacturing switchblade knives.
|
| 17 | | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
|