102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3562

Introduced , by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:

`720 ILCS 5/24-1`	`from Ch. 38, par. 24-1`
`720 ILCS 5/24-1.6`
`720 ILCS 5/24-3.1`	`from Ch. 38, par. 24-3.1`

Amends the Criminal Code of 2012. Increases penalties by one class for unlawful use of weapons when a person knowingly: (1) carries or possesses

in any vehicle or concealed on or about his
or her person except when on

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

of
business, or on the land or in the legal dwelling of another person as

an invitee with that person's permission, any pistol, revolver, stun gun, taser, or other firearm; or (2) carries or possesses on or about his or her

person, upon any public street,
alley, or other public lands within the

corporate limits of a municipality except when an invitee in or on the

public street,
alley, or other public lands, for the
purpose of the display

of the weapon or the lawful commerce in weapons, or
except when on his or

her land or in his or her own abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an

invitee with that person's permission, any
pistol, revolver, stun gun,

taser, or other firearm. Provides that a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where certain factors exist is a Class 3 felony (rather than a Class 4 felony), for which the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than 5 years. Increases the penalty by one class for unlawful possession of firearms. Makes other changes.

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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

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 Sections 24-1, 24-1.6, and 24-3.1 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

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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 or herperson except when on hisor her

14 land or in his or her own abode, legal dwelling, or fixed

15 place of business, or on the land or in the legal dwelling

16 of another person as an invitee with that person's

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

18 other firearm, except that this subsection (a) (4) does

19 not apply to or affect transportation of weapons that meet

20 one of the following 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 hisor

6 her land or in his or her own abode, legal dwelling, or

7 fixed place of business, or on the land or in the legal

8 dwelling of another person as an invitee with that

9 person's permission, any pistol, revolver, stun gun, or

10 taser or other firearm, except that this subsection (a)

11 (10) does not apply to or affect transportation of weapons

12 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

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), subsection 24-1(a)(2), subsection

4 24-1(a)(3), subsection 24-1(a)(5),~~through (5), subsection~~

5 ~~24-1(a)(10),~~subsection 24-1(a)(11), or subsection 24-1(a)(13)

6 commits a Class A misdemeanor. A person convicted of a

7 violation of subsection 24-1(a)(4), 24-1(a)(10),24-1(a)(8) or

8 24-1(a)(9) commits a Class 4 felony; a person convicted of a

9 violation of subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii)

10 commits a Class 3 felony. A person convicted of a violation of

11 subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be

12 sentenced to a term of imprisonment of not less than 3 years

13 and not more than 7 years, unless the weapon is possessed in

14 the passenger compartment of a motor vehicle as defined in

15 Section 1-146 of the Illinois Vehicle Code, or on the person,

16 while the weapon is loaded, in which case it shall be a Class X

17 felony. A person convicted of a second or subsequent violation

18 of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or

19 24-1(a)(10) commits a Class 3 felony. A person convicted of a

20 violation of subsection 24-1(a)(2.5) commits a Class 2 felony.

21 The possession of each weapon in violation of this Section

22 constitutes a single and separate violation.

23 (c) Violations in specific places.

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

25 24-1(a)(7) in any school, regardless of the time of day or

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

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

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

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

4 real property comprising any school, regardless of the

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

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

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

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

9 comprising any public park, on the real property

10 comprising any courthouse, in any conveyance owned, leased

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

12 school or a school related activity, in any conveyance

13 owned, leased, or contracted by a public transportation

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

15 property comprising any school, public park, courthouse,

16 public transportation facility, or residential property

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

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

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

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

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

22 (1.5) A person who violates subsection 24-1(a)(4),

23 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

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

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

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

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

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

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

4 on 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 3 felony.

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

20 24-1(a)(2), or 24-1(a)(3) 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,

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

5 real 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,

8 in 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

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

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

17 of this State for the conduct of official business.

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

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

20 security officers of such school, college, or university

21 or to students carrying or possessing firearms for use in

22 training courses, parades, hunting, target shooting on

23 school ranges, or otherwise with the consent of school

24 authorities and which firearms are transported unloaded

25 enclosed in a suitable case, box, or transportation

26 package.

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

2 means any public or private elementary or secondary

3 school, community college, college, or university.

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

5 transportation agency" means a public or private agency

6 that provides for the transportation or conveyance of

7 persons by means available to the general public, except

8 for transportation by automobiles not used for conveyance

9 of the general public as passengers; and "public

10 transportation facility" means a terminal or other place

11 where one may obtain public transportation.

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

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

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

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

16 such automobile at the time such weapon, instrument or

17 substance is found, except under the following circumstances:

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

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

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

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

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

23 shall not apply to the driver.

24 (e) Exemptions.

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

26 Spearguns are exempted from the definition of ballistic

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

2 this Section.

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

4 of this Section prohibiting the sale, manufacture,

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

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

7 opens automatically by hand pressure applied to a button,

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

9 apply to a person who possesses a currently valid Firearm

10 Owner's Identification Card previously issued in his or

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

12 or an entity engaged in the business of selling or

13 manufacturing switchblade knives.

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

15 (720 ILCS 5/24-1.6)

16 Sec. 24-1.6. Aggravated unlawful use of a weapon.

17 (a) A person commits the offense of aggravated unlawful

18 use of a weapon when he or she knowingly:

19 (1) Carries on or about his or her person or in any

20 vehicle or concealed on or about his or her person except

21 when on his or her land or in his or her abode, legal

22 dwelling, or fixed place of business, or on the land or in

23 the legal dwelling of another person as an invitee with

24 that person's permission, any pistol, revolver, stun gun

25 or taser or other firearm; or

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1 (2) Carries or possesses on or about his or her

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

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

4 incorporated town, except when an invitee thereon or

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

6 the lawful commerce in weapons, or except when on his or

7 her own land or in his or her own abode, legal dwelling, or

8 fixed place of business, or on the land or in the legal

9 dwelling of another person as an invitee with that

10 person's permission, any pistol, revolver, stun gun or

11 taser or other firearm; and

12 (3) One of the following factors is present:

13 (A) the firearm, other than a pistol, revolver, or

14 handgun, possessed was uncased, loaded, and

15 immediately accessible at the time of the offense; or

16 (A-5) the pistol, revolver, or handgun possessed

17 was uncased, loaded, and immediately accessible at the

18 time of the offense and the person possessing the

19 pistol, revolver, or handgun has not been issued a

20 currently valid license under the Firearm Concealed

21 Carry Act; or

22 (B) the firearm, other than a pistol, revolver, or

23 handgun, possessed was uncased, unloaded, and the

24 ammunition for the weapon was immediately accessible

25 at the time of the offense; or

26 (B-5) the pistol, revolver, or handgun possessed

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1 was uncased, unloaded, and the ammunition for the

2 weapon was immediately accessible at the time of the

3 offense and the person possessing the pistol,

4 revolver, or handgun has not been issued a currently

5 valid license under the Firearm Concealed Carry Act;

6 or

7 (C) the person possessing the firearm has not been

8 issued a currently valid Firearm Owner's

9 Identification Card; or

10 (D) the person possessing the weapon was

11 previously adjudicated a delinquent minor under the

12 Juvenile Court Act of 1987 for an act that if committed

13 by an adult would be a felony; or

14 (E) the person possessing the weapon was engaged

15 in a misdemeanor violation of the Cannabis Control

16 Act, in a misdemeanor violation of the Illinois

17 Controlled Substances Act, or in a misdemeanor

18 violation of the Methamphetamine Control and Community

19 Protection Act; or

20 (F) (blank); or

21 (G) the person possessing the weapon had an order

22 of protection issued against him or her within the

23 previous 2 years; or

24 (H) the person possessing the weapon was engaged

25 in the commission or attempted commission of a

26 misdemeanor involving the use or threat of violence

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1 against the person or property of another; or

2 (I) the person possessing the weapon was under 21

3 years of age and in possession of a handgun, unless the

4 person under 21 is engaged in lawful activities under

5 the Wildlife Code or described in subsection

6 24-2(b)(1), (b)(3), or 24-2(f).

7 (a-5) "Handgun" as used in this Section has the meaning

8 given to it in Section 5 of the Firearm Concealed Carry Act.

9 (b) "Stun gun or taser" as used in this Section has the

10 same definition given to it in Section 24-1 of this Code.

11 (c) This Section does not apply to or affect the

12 transportation or possession of weapons that:

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 person

17 who has been issued a currently valid Firearm Owner's

18 Identification Card.

19 (d) Sentence.

20 (1) Aggravated unlawful use of a weapon is a Class 3 ~~4~~

21 felony; a second or subsequent offense is a Class 2 felony

22 for which the person shall be sentenced to a term of

23 imprisonment of not less than 3 years and not more than 7

24 years, except as provided for in Section 5-4.5-110 of the

25 Unified Code of Corrections.

26 (2) Except as otherwise provided in paragraphs (3) and

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1 (4) of this subsection (d), a first offense of aggravated

2 unlawful use of a weapon committed with a firearm by a

3 person 18 years of age or older where the factors listed in

4 both items (A) and (C) or both items (A-5) and (C) of

5 paragraph (3) of subsection (a) are present is a Class 3 ~~4~~

6 felony, for which the person shall be sentenced to a term

7 of imprisonment of not less than 2 ~~one~~ year and not more

8 than 5 ~~3~~ years.

9 (3) Aggravated unlawful use of a weapon by a person

10 who has been previously convicted of a felony in this

11 State or another jurisdiction is a Class 2 felony for

12 which the person shall be sentenced to a term of

13 imprisonment of not less than 3 years and not more than 7

14 years, except as provided for in Section 5-4.5-110 of the

15 Unified Code of Corrections.

16 (4) Aggravated unlawful use of a weapon while wearing

17 or in possession of body armor as defined in Section 33F-1

18 by a person who has not been issued a valid Firearms

19 Owner's Identification Card in accordance with Section 5

20 of the Firearm Owners Identification Card Act is a Class X

21 felony.

22 (e) The possession of each firearm in violation of this

23 Section constitutes a single and separate violation.

24 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

25 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

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1 Sec. 24-3.1. Unlawful possession of firearms and firearm

2 ammunition.

3 (a) A person commits the offense of unlawful possession of

4 firearms or firearm ammunition when:

5 (1) He or she is under 18 years of age and has in his

6 or herpossession any firearm of a size which may be

7 concealed upon the person; or

8 (2) He or she is under 21 years of age, has been

9 convicted of a misdemeanor other than a traffic offense or

10 adjudged delinquent and has any firearms or firearm

11 ammunition in his or her possession; or

12 (3) He or sheis a narcotic addict and has any firearms

13 or firearm ammunition in hisor her possession; or

14 (4) He or she has been a patient in a mental

15 institution within the past 5 years and has any firearms

16 or firearm ammunition in his or her possession. For

17 purposes of this paragraph (4):

18 "Mental institution" means any hospital,

19 institution, clinic, evaluation facility, mental

20 health center, or part thereof, which is used

21 primarily for the care or treatment of persons with

22 mental illness.

23 "Patient in a mental institution" means the person

24 was admitted, either voluntarily or involuntarily, to

25 a mental institution for mental health treatment,

26 unless the treatment was voluntary and solely for an

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1 alcohol abuse disorder and no other secondary

2 substance abuse disorder or mental illness; or

3 (5) He or she is a person with an intellectual

4 disability and has any firearms or firearm ammunition in

5 his or her possession; or

6 (6) He or she has in his or her possession any

7 explosive bullet.

8 For purposes of this paragraph "explosive bullet" means

9 the projectile portion of an ammunition cartridge which

10 contains or carries an explosive charge which will explode

11 upon contact with the flesh of a human or an animal.

12 "Cartridge" means a tubular metal case having a projectile

13 affixed at the front thereof and a cap or primer at the rear

14 end thereof, with the propellant contained in such tube

15 between the projectile and the cap.

16 (b) Sentence.

17 Unlawful possession of ~~firearms, other than handguns, and~~

18 firearm ammunition is a Class A misdemeanor. Unlawful

19 possession of firearms ~~handguns~~is a Class 4 felony. The

20 possession of each firearm or firearm ammunition in violation

21 of this Section constitutes a single and separate violation.

22 (c) Nothing in paragraph (1) of subsection (a) of this

23 Section prohibits a person under 18 years of age from

24 participating in any lawful recreational activity with a

25 firearm such as, but not limited to, practice shooting at

26 targets upon established public or private target ranges or

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1 hunting, trapping, or fishing in accordance with the Wildlife

2 Code or the Fish and Aquatic Life Code.

3 (Source: P.A. 99-143, eff. 7-27-15.)