News

Illinois House Bill 38

Viewing 3 posts - 1 through 3 (of 3 total)
  • Author
    Posts
  • #1561
    AvatarNews
    Keymaster

    Status
    Completed Legislative Action
    Spectrum: Bipartisan Bill
    Status: Passed on August 9 2019 – 100% progression
    Action: 2019-08-09 – Public Act . . . . . . . . . 101-0223
    Text: Latest bill text (Chaptered) [HTML]

    Summary
    Amends the Criminal Code of 2012. Provides that it is an aggravating factor in sentencing for first degree murder that the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that assault and battery committed in a church, synagogue, mosque, or other building, structure, or place used for religious worship are enhanced to aggravated assault or aggravated battery. Provides that the penalty for aggravated assault under this provision is a Class A misdemeanor. Provides that aggravated battery under this provision is a Class 1 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that a person also commits the offense of unlawful use of weapons when the person knowingly carries or possesses with intent to use the same unlawfully against another, any firearm, knife, or other dangerous weapon, in any school church, synagogue, mosque, or other building, structure, or place used for religious worship. Provides that a violation is a Class 2 felony. Makes technical changes. Effective immediately.

    Title
    CRIM CD-PLACE OF WORSHIP

    Sponsors
    Rep. Rita Mayfield [D] Rep. William Davis [D] Rep. Debbie Meyers-Martin [D] Rep. Marcus Evans [D]
    Rep. Linda LaVia [D] Rep. Yehiel Kalish [D] Rep. Thomas Morrison [R] Rep. Darren Bailey [R]
    Rep. Carol Ammons [D] Rep. Daniel Didech [D] Rep. Christopher Davidsmeyer [R] Rep. Michael Unes [R]
    Rep. Mark Batinick [R] Rep. Michael Marron [R] Rep. Maurice West [D] Rep. Andre Thapedi [D]
    Rep. Daniel Swanson [R] Rep. Anthony DeLuca [D] Rep. Joe Sosnowski [R] Rep. Andrew Chesney [R]
    Rep. Dan Caulkins [R] Rep. Tom Weber [R] Rep. Robert Rita [D] Rep. Amy Grant [R]
    Rep. Monica Bristow [D] Rep. Lawrence Walsh [D] Rep. Tom Demmer [R] Rep. Terri Bryant [R]
    Rep. Patrick Windhorst [R] Rep. Thomas Bennett [R] Rep. James Durkin [R] Rep. Michael McAuliffe [R]
    Rep. Randy Frese [R] Rep. Margo McDermed [R] Rep. David McSweeney [R] Rep. Mike Murphy [R]
    Rep. Charles Meier [R] Rep. Latoya Greenwood [D] Rep. Tony McCombie [R] Rep. Elizabeth Hernandez [D]
    Rep. Natalie Manley [D] Rep. Dave Severin [R] Rep. Jonathan Carroll [D] Rep. Dan Ugaste [R]
    Sen. Rachelle Crowe [D] Sen. Dan McConchie [R] Sen. Julie Morrison [D] Sen. Laura Ellman [D]
    Sen. Jennifer Bertino-Tarrant [D] Sen. Antonio Munoz [D] Sen. Dale Righter [R] Sen. Paul Schimpf [R]
    Sen. Neil Anderson [R] Sen. Dave Syverson [R] Sen. Brian Stewart [R] Sen. Donald DeWitte [R]
    Sen. Laura Fine [D] Sen. Laura Murphy [D] Sen. Ram Villivalam [D] Sen. Jil Tracy [R]

    Roll Calls
    2019-05-29 – House – Concurrence in House (Y: 118 N: 0 NV: 0 Abs: 0) [PASS]
    2019-05-24 – Senate – Third Reading in Senate (Y: 56 N: 0 NV: 3 Abs: 0) [PASS]
    2019-04-04 – House – Third Reading in House (Y: 113 N: 0 NV: 0 Abs: 0) [PASS]

    History
    Date Chamber Action
    2019-08-09 House Public Act . . . . . . . . . 101-0223
    2019-08-09 House Effective Date January 1, 2020
    2019-08-09 House Governor Approved
    2019-06-27 House Sent to the Governor
    2019-05-29 House Added Co-Sponsor Rep. Dan Ugaste
    2019-05-29 House Added Co-Sponsor Rep. Jonathan Carroll
    2019-05-29 House Added Co-Sponsor Rep. Dave Severin
    2019-05-29 House Passed Both Houses
    2019-05-29 House House Concurs
    2019-05-29 House Senate Committee Amendment No. 1 House Concurs 118-000-000
    2019-05-28 House Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
    2019-05-28 House Added Co-Sponsor Rep. Natalie A. Manley
    2019-05-27 House Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
    2019-05-27 House Senate Committee Amendment No. 1 Motion Filed Concur Rep. Rita Mayfield
    2019-05-26 House Added Co-Sponsor Rep. Elizabeth Hernandez
    2019-05-24 House Placed on Calendar Order of Concurrence Senate Amendment(s) 1
    2019-05-24 House Arrived in House
    2019-05-24 Senate Third Reading – Passed; 056-000-000
    2019-05-24 Senate Added as Alternate Chief Co-Sponsor Sen. Laura Ellman
    2019-05-24 Senate Added as Alternate Co-Sponsor Sen. Jil Tracy
    2019-05-24 Senate Added as Alternate Chief Co-Sponsor Sen. Julie A. Morrison
    2019-05-24 Senate Added as Alternate Co-Sponsor Sen. Ram Villivalam
    2019-05-24 Senate Added as Alternate Co-Sponsor Sen. Laura M. Murphy
    2019-05-24 Senate Added as Alternate Co-Sponsor Sen. Laura Fine
    2019-05-24 Senate Added as Alternate Co-Sponsor Sen. Donald P. DeWitte
    2019-05-23 Senate Added as Alternate Co-Sponsor Sen. Brian W. Stewart
    2019-05-23 Senate Added as Alternate Co-Sponsor Sen. Dave Syverson
    2019-05-23 Senate Placed on Calendar Order of 3rd Reading May 24, 2019
    2019-05-23 Senate Second Reading
    2019-05-23 Senate Added as Alternate Co-Sponsor Sen. Neil Anderson
    2019-05-22 Senate Added as Alternate Co-Sponsor Sen. Paul Schimpf
    2019-05-22 Senate Added as Alternate Co-Sponsor Sen. Dale A. Righter
    2019-05-22 Senate Placed on Calendar Order of 2nd Reading May 23, 2019
    2019-05-22 Senate Do Pass as Amended Criminal Law; 010-000-000
    2019-05-21 Senate Senate Committee Amendment No. 1 Adopted
    2019-05-21 Senate Reported Back To Criminal Law; 003-000-000
    2019-05-21 Senate Senate Committee Amendment No. 1 Reported Back To Criminal Law
    2019-05-21 Senate Senate Committee Amendment No. 1 To Subcommittee on CLEAR Compliance
    2019-05-21 Senate Senate Committee Amendment No. 1 Assignments Refers to Criminal Law
    2019-05-21 Senate Added as Alternate Co-Sponsor Sen. Antonio Muñoz
    2019-05-21 Senate Senate Committee Amendment No. 1 Referred to Assignments
    2019-05-21 Senate Senate Committee Amendment No. 1 Filed with Secretary by Sen. Rachelle Crowe
    2019-05-17 Senate Rule 2-10 Committee Deadline Established As May 24, 2019
    2019-05-10 Senate Rule 2-10 Committee Deadline Established As May 17, 2019
    2019-05-02 Senate Added as Alternate Co-Sponsor Sen. Jennifer Bertino-Tarrant
    2019-05-02 Senate To Subcommittee on CLEAR Compliance
    2019-04-24 Senate Assigned to Criminal Law
    2019-04-11 Senate Added as Alternate Chief Co-Sponsor Sen. Dan McConchie
    2019-04-04 Senate Referred to Assignments
    2019-04-04 Senate First Reading
    2019-04-04 Senate Chief Senate Sponsor Sen. Rachelle Crowe
    2019-04-04 Senate Placed on Calendar Order of First Reading
    2019-04-04 Senate Arrive in Senate
    2019-04-04 House Added Chief Co-Sponsor Rep. Debbie Meyers-Martin
    2019-04-04 House Third Reading – Short Debate – Passed 113-000-000
    2019-04-02 House Placed on Calendar Order of 3rd Reading – Short Debate
    2019-04-02 House Second Reading – Short Debate
    2019-03-29 House Added Co-Sponsor Rep. Tony McCombie
    2019-03-29 House Added Co-Sponsor Rep. LaToya Greenwood
    2019-03-29 House Placed on Calendar 2nd Reading – Short Debate
    2019-03-28 House Do Pass / Short Debate Judiciary – Criminal Committee; 019-000-000
    2019-03-26 House Reported Back To Judiciary – Criminal Committee;
    2019-03-26 House Recommends Do Pass Subcommittee/ Judiciary – Criminal Committee; 006-000-000
    2019-03-13 House Added Co-Sponsor Rep. Charles Meier
    2019-03-11 House Added Co-Sponsor Rep. Mike Murphy
    2019-03-07 House Added Co-Sponsor Rep. David McSweeney
    2019-03-07 House Added Co-Sponsor Rep. Margo McDermed
    2019-03-07 House Added Co-Sponsor Rep. Randy E. Frese
    2019-03-07 House Added Co-Sponsor Rep. Michael P. McAuliffe
    2019-03-07 House Added Co-Sponsor Rep. Jim Durkin
    2019-03-07 House Added Co-Sponsor Rep. Thomas M. Bennett
    2019-03-05 House Added Co-Sponsor Rep. Patrick Windhorst
    2019-02-28 House Added Co-Sponsor Rep. Terri Bryant
    2019-02-28 House Remove Chief Co-Sponsor Rep. Terri Bryant
    2019-02-28 House Added Co-Sponsor Rep. Tom Demmer
    2019-02-27 House Added Co-Sponsor Rep. Lawrence Walsh, Jr.
    2019-02-27 House Added Co-Sponsor Rep. Monica Bristow
    2019-02-27 House Added Co-Sponsor Rep. Amy Grant
    2019-02-26 House Added Co-Sponsor Rep. Robert Rita
    2019-02-26 House Added Co-Sponsor Rep. Tom Weber
    2019-02-25 House Added Co-Sponsor Rep. Dan Caulkins
    2019-02-21 House Added Co-Sponsor Rep. Andrew S. Chesney
    2019-02-21 House Added Co-Sponsor Rep. Joe Sosnowski
    2019-02-21 House Added Co-Sponsor Rep. Anthony DeLuca
    2019-02-21 House Chief Co-Sponsor Changed to Rep. Terri Bryant
    2019-02-21 House Added Chief Co-Sponsor Rep. Terri Bryant
    2019-02-21 House Added Co-Sponsor Rep. Daniel Swanson
    2019-02-21 House Added Co-Sponsor Rep. André Thapedi
    2019-02-21 House Chief Co-Sponsor Changed to Rep. William Davis
    2019-02-21 House Added Chief Co-Sponsor Rep. William Davis
    2019-02-20 House Added Co-Sponsor Rep. Maurice A. West, II
    2019-02-20 House Added Co-Sponsor Rep. Michael T. Marron
    2019-02-20 House Added Co-Sponsor Rep. Mark Batinick
    2019-02-20 House Added Co-Sponsor Rep. Michael D. Unes
    2019-02-19 House Added Co-Sponsor Rep. C.D. Davidsmeyer
    2019-02-19 House To Sentencing, Penalities and Criminal Procedure Subcommittee
    2019-02-19 House Added Co-Sponsor Rep. Daniel Didech
    2019-02-14 House Added Co-Sponsor Rep. Carol Ammons
    2019-02-14 House Added Co-Sponsor Rep. Darren Bailey
    2019-02-14 House Added Co-Sponsor Rep. Thomas Morrison
    2019-02-13 House Added Co-Sponsor Rep. Yehiel M. Kalish
    2019-02-13 House Added Co-Sponsor Rep. Linda Chapa LaVia
    2019-02-13 House Added Co-Sponsor Rep. Marcus C. Evans, Jr.
    2019-01-29 House Assigned to Judiciary – Criminal Committee
    2019-01-09 House Referred to Rules Committee
    2019-01-09 House First Reading
    2018-11-30 House Prefiled with Clerk by Rep. Rita Mayfield

    Code Citations
    Chapter Article Section Citation Type Statute Text
    Chapter Article Section Citation Type Statute Text
    720 5 12-2 Amended Code Citation Text
    720 5 12-3.05 Amended Code Citation Text
    720 5 12-4 Amended Code Citation Text
    720 5 24-1 Amended Code Citation Text
    720 5 9-1 Amended Code Citation Text

    Illinois State Sources
    Type Source
    Summary http://www.ilga.gov/legislation/BillStatus.asp?DocNum=38&GAID=15&DocTypeID=HB&SessionID=108&GA=101
    Text http://www.ilga.gov/legislation/101/HB/10100HB0038.htm
    Text http://www.ilga.gov/legislation/101/HB/10100HB0038eng.htm
    Text http://www.ilga.gov/legislation/101/HB/10100HB0038enr.htm
    Text http://www.ilga.gov/legislation/publicacts/101/101-0223.htm
    Amendment http://www.ilga.gov/legislation/101/HB/10100HB0038sam001.htm
    Roll Call http://www.ilga.gov/legislation/votehistory/101/house/10100HB0038_04042019_016000T.pdf
    Roll Call http://www.ilga.gov/legislation/votehistory/101/senate/10100HB0038_05242019_001000T.pdf
    Roll Call http://www.ilga.gov/legislation/votehistory/101/house/10100HB0038sam001_05292019_002000C.pdf

    This topic was also posted in: Illinois.
    #1563
    AvatarNews
    Keymaster

    Public Act 101-0223
    HB0038 Enrolled LRB101 00237 SLF 45241 b
    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
    represented in the General Assembly:
    Section 5. The Criminal Code of 2012 is amended by changing
    Sections 9-1, 12-2, 12-3.05, and 24-1 as follows:
    (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
    Sec. 9-1. First degree murder; death penalties;
    exceptions; separate hearings; proof; findings; appellate
    procedures; reversals. First degree murder; death penalties;
    exceptions; separate hearings; proof; findings; appellate
    procedures; reversals.
    (a) A person who kills an individual without lawful
    justification commits first degree murder if, in performing the
    acts which cause the death:
    (1) he or she either intends to kill or do great bodily
    harm to that individual or another, or knows that such acts
    will cause death to that individual or another; or
    (2) he or she knows that such acts create a strong
    probability of death or great bodily harm to that
    individual or another; or
    (3) he or she is attempting or committing a forcible
    felony other than second degree murder.
    (b) Aggravating Factors. A defendant who at the time of the
    commission of the offense has attained the age of 18 or more
    and who has been found guilty of first degree murder may be
    sentenced to death if:
    (1) the murdered individual was a peace officer or
    fireman killed in the course of performing his official
    duties, to prevent the performance of his or her official
    duties, or in retaliation for performing his or her
    official duties, and the defendant knew or should have
    known that the murdered individual was a peace officer or
    fireman; or
    (2) the murdered individual was an employee of an
    institution or facility of the Department of Corrections,
    or any similar local correctional agency, killed in the
    course of performing his or her official duties, to prevent
    the performance of his or her official duties, or in
    retaliation for performing his or her official duties, or
    the murdered individual was an inmate at such institution
    or facility and was killed on the grounds thereof, or the
    murdered individual was otherwise present in such
    institution or facility with the knowledge and approval of
    the chief administrative officer thereof; or
    (3) the defendant has been convicted of murdering two
    or more individuals under subsection (a) of this Section or
    under any law of the United States or of any state which is
    substantially similar to subsection (a) of this Section
    regardless of whether the deaths occurred as the result of
    the same act or of several related or unrelated acts so
    long as the deaths were the result of either an intent to
    kill more than one person or of separate acts which the
    defendant knew would cause death or create a strong
    probability of death or great bodily harm to the murdered
    individual or another; or
    (4) the murdered individual was killed as a result of
    the hijacking of an airplane, train, ship, bus, or other
    public conveyance; or
    (5) the defendant committed the murder pursuant to a
    contract, agreement, or understanding by which he or she
    was to receive money or anything of value in return for
    committing the murder or procured another to commit the
    murder for money or anything of value; or
    (6) the murdered individual was killed in the course of
    another felony if:
    (a) the murdered individual:
    (i) was actually killed by the defendant, or
    (ii) received physical injuries personally
    inflicted by the defendant substantially
    contemporaneously with physical injuries caused by
    one or more persons for whose conduct the defendant
    is legally accountable under Section 5-2 of this
    Code, and the physical injuries inflicted by
    either the defendant or the other person or persons
    for whose conduct he is legally accountable caused
    the death of the murdered individual; and
    (b) in performing the acts which caused the death
    of the murdered individual or which resulted in
    physical injuries personally inflicted by the
    defendant on the murdered individual under the
    circumstances of subdivision (ii) of subparagraph (a)
    of paragraph (6) of subsection (b) of this Section, the
    defendant acted with the intent to kill the murdered
    individual or with the knowledge that his acts created
    a strong probability of death or great bodily harm to
    the murdered individual or another; and
    (c) the other felony was an inherently violent
    crime or the attempt to commit an inherently violent
    crime. In this subparagraph (c), “inherently violent
    crime” includes, but is not limited to, armed robbery,
    robbery, predatory criminal sexual assault of a child,
    aggravated criminal sexual assault, aggravated
    kidnapping, aggravated vehicular hijacking, aggravated
    arson, aggravated stalking, residential burglary, and
    home invasion; or
    (7) the murdered individual was under 12 years of age
    and the death resulted from exceptionally brutal or heinous
    behavior indicative of wanton cruelty; or
    (8) the defendant committed the murder with intent to
    prevent the murdered individual from testifying or
    participating in any criminal investigation or prosecution
    or giving material assistance to the State in any
    investigation or prosecution, either against the defendant
    or another; or the defendant committed the murder because
    the murdered individual was a witness in any prosecution or
    gave material assistance to the State in any investigation
    or prosecution, either against the defendant or another;
    for purposes of this paragraph (8), “participating in any
    criminal investigation or prosecution” is intended to
    include those appearing in the proceedings in any capacity
    such as trial judges, prosecutors, defense attorneys,
    investigators, witnesses, or jurors; or
    (9) the defendant, while committing an offense
    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
    407 or 407.1 or subsection (b) of Section 404 of the
    Illinois Controlled Substances Act, or while engaged in a
    conspiracy or solicitation to commit such offense,
    intentionally killed an individual or counseled,
    commanded, induced, procured or caused the intentional
    killing of the murdered individual; or
    (10) the defendant was incarcerated in an institution
    or facility of the Department of Corrections at the time of
    the murder, and while committing an offense punishable as a
    felony under Illinois law, or while engaged in a conspiracy
    or solicitation to commit such offense, intentionally
    killed an individual or counseled, commanded, induced,
    procured or caused the intentional killing of the murdered
    individual; or
    (11) the murder was committed in a cold, calculated and
    premeditated manner pursuant to a preconceived plan,
    scheme or design to take a human life by unlawful means,
    and the conduct of the defendant created a reasonable
    expectation that the death of a human being would result
    therefrom; or
    (12) the murdered individual was an emergency medical
    technician – ambulance, emergency medical technician –
    intermediate, emergency medical technician – paramedic,
    ambulance driver, or other medical assistance or first aid
    personnel, employed by a municipality or other
    governmental unit, killed in the course of performing his
    official duties, to prevent the performance of his official
    duties, or in retaliation for performing his official
    duties, and the defendant knew or should have known that
    the murdered individual was an emergency medical
    technician – ambulance, emergency medical technician –
    intermediate, emergency medical technician – paramedic,
    ambulance driver, or other medical assistance or first aid
    personnel; or
    (13) the defendant was a principal administrator,
    organizer, or leader of a calculated criminal drug
    conspiracy consisting of a hierarchical position of
    authority superior to that of all other members of the
    conspiracy, and the defendant counseled, commanded,
    induced, procured, or caused the intentional killing of the
    murdered person; or
    (14) the murder was intentional and involved the
    infliction of torture. For the purpose of this Section
    torture means the infliction of or subjection to extreme
    physical pain, motivated by an intent to increase or
    prolong the pain, suffering or agony of the victim; or
    (15) the murder was committed as a result of the
    intentional discharge of a firearm by the defendant from a
    motor vehicle and the victim was not present within the
    motor vehicle; or
    (16) the murdered individual was 60 years of age or
    older and the death resulted from exceptionally brutal or
    heinous behavior indicative of wanton cruelty; or
    (17) the murdered individual was a person with a
    disability and the defendant knew or should have known that
    the murdered individual was a person with a disability. For
    purposes of this paragraph (17), “person with a disability”
    means a person who suffers from a permanent physical or
    mental impairment resulting from disease, an injury, a
    functional disorder, or a congenital condition that
    renders the person incapable of adequately providing for
    his or her own health or personal care; or
    (18) the murder was committed by reason of any person’s
    activity as a community policing volunteer or to prevent
    any person from engaging in activity as a community
    policing volunteer; or
    (19) the murdered individual was subject to an order of
    protection and the murder was committed by a person against
    whom the same order of protection was issued under the
    Illinois Domestic Violence Act of 1986; or
    (20) the murdered individual was known by the defendant
    to be a teacher or other person employed in any school and
    the teacher or other employee is upon the grounds of a
    school or grounds adjacent to a school, or is in any part
    of a building used for school purposes; or
    (21) the murder was committed by the defendant in
    connection with or as a result of the offense of terrorism
    as defined in Section 29D-14.9 of this Code; or .
    (22) the murdered individual was a member of a
    congregation engaged in prayer or other religious
    activities at a church, synagogue, mosque, or other
    building, structure, or place used for religious worship.
    (b-5) Aggravating Factor; Natural Life Imprisonment. A
    defendant who has been found guilty of first degree murder and
    who at the time of the commission of the offense had attained
    the age of 18 years or more may be sentenced to natural life
    imprisonment if (i) the murdered individual was a physician,
    physician assistant, psychologist, nurse, or advanced practice
    registered nurse, (ii) the defendant knew or should have known
    that the murdered individual was a physician, physician
    assistant, psychologist, nurse, or advanced practice
    registered nurse, and (iii) the murdered individual was killed
    in the course of acting in his or her capacity as a physician,
    physician assistant, psychologist, nurse, or advanced practice
    registered nurse, or to prevent him or her from acting in that
    capacity, or in retaliation for his or her acting in that
    capacity.
    (c) Consideration of factors in Aggravation and
    Mitigation.
    The court shall consider, or shall instruct the jury to
    consider any aggravating and any mitigating factors which are
    relevant to the imposition of the death penalty. Aggravating
    factors may include but need not be limited to those factors
    set forth in subsection (b). Mitigating factors may include but
    need not be limited to the following:
    (1) the defendant has no significant history of prior
    criminal activity;
    (2) the murder was committed while the defendant was
    under the influence of extreme mental or emotional
    disturbance, although not such as to constitute a defense
    to prosecution;
    (3) the murdered individual was a participant in the
    defendant’s homicidal conduct or consented to the
    homicidal act;
    (4) the defendant acted under the compulsion of threat
    or menace of the imminent infliction of death or great
    bodily harm;
    (5) the defendant was not personally present during
    commission of the act or acts causing death;
    (6) the defendant’s background includes a history of
    extreme emotional or physical abuse;
    (7) the defendant suffers from a reduced mental
    capacity.
    Provided, however, that an action that does not otherwise
    mitigate first degree murder cannot qualify as a mitigating
    factor for first degree murder because of the discovery,
    knowledge, or disclosure of the victim’s sexual orientation as
    defined in Section 1-103 of the Illinois Human Rights Act.
    (d) Separate sentencing hearing.
    Where requested by the State, the court shall conduct a
    separate sentencing proceeding to determine the existence of
    factors set forth in subsection (b) and to consider any
    aggravating or mitigating factors as indicated in subsection
    (c). The proceeding shall be conducted:
    (1) before the jury that determined the defendant’s
    guilt; or
    (2) before a jury impanelled for the purpose of the
    proceeding if:
    A. the defendant was convicted upon a plea of
    guilty; or
    B. the defendant was convicted after a trial before
    the court sitting without a jury; or
    C. the court for good cause shown discharges the
    jury that determined the defendant’s guilt; or
    (3) before the court alone if the defendant waives a
    jury for the separate proceeding.
    (e) Evidence and Argument.
    During the proceeding any information relevant to any of
    the factors set forth in subsection (b) may be presented by
    either the State or the defendant under the rules governing the
    admission of evidence at criminal trials. Any information
    relevant to any additional aggravating factors or any
    mitigating factors indicated in subsection (c) may be presented
    by the State or defendant regardless of its admissibility under
    the rules governing the admission of evidence at criminal
    trials. The State and the defendant shall be given fair
    opportunity to rebut any information received at the hearing.
    (f) Proof.
    The burden of proof of establishing the existence of any of
    the factors set forth in subsection (b) is on the State and
    shall not be satisfied unless established beyond a reasonable
    doubt.
    (g) Procedure – Jury.
    If at the separate sentencing proceeding the jury finds
    that none of the factors set forth in subsection (b) exists,
    the court shall sentence the defendant to a term of
    imprisonment under Chapter V of the Unified Code of
    Corrections. If there is a unanimous finding by the jury that
    one or more of the factors set forth in subsection (b) exist,
    the jury shall consider aggravating and mitigating factors as
    instructed by the court and shall determine whether the
    sentence of death shall be imposed. If the jury determines
    unanimously, after weighing the factors in aggravation and
    mitigation, that death is the appropriate sentence, the court
    shall sentence the defendant to death. If the court does not
    concur with the jury determination that death is the
    appropriate sentence, the court shall set forth reasons in
    writing including what facts or circumstances the court relied
    upon, along with any relevant documents, that compelled the
    court to non-concur with the sentence. This document and any
    attachments shall be part of the record for appellate review.
    The court shall be bound by the jury’s sentencing
    determination.
    If after weighing the factors in aggravation and
    mitigation, one or more jurors determines that death is not the
    appropriate sentence, the court shall sentence the defendant to
    a term of imprisonment under Chapter V of the Unified Code of
    Corrections.
    (h) Procedure – No Jury.
    In a proceeding before the court alone, if the court finds
    that none of the factors found in subsection (b) exists, the
    court shall sentence the defendant to a term of imprisonment
    under Chapter V of the Unified Code of Corrections.
    If the Court determines that one or more of the factors set
    forth in subsection (b) exists, the Court shall consider any
    aggravating and mitigating factors as indicated in subsection
    (c). If the Court determines, after weighing the factors in
    aggravation and mitigation, that death is the appropriate
    sentence, the Court shall sentence the defendant to death.
    If the court finds that death is not the appropriate
    sentence, the court shall sentence the defendant to a term of
    imprisonment under Chapter V of the Unified Code of
    Corrections.
    (h-5) Decertification as a capital case.
    In a case in which the defendant has been found guilty of
    first degree murder by a judge or jury, or a case on remand for
    resentencing, and the State seeks the death penalty as an
    appropriate sentence, on the court’s own motion or the written
    motion of the defendant, the court may decertify the case as a
    death penalty case if the court finds that the only evidence
    supporting the defendant’s conviction is the uncorroborated
    testimony of an informant witness, as defined in Section 115-21
    of the Code of Criminal Procedure of 1963, concerning the
    confession or admission of the defendant or that the sole
    evidence against the defendant is a single eyewitness or single
    accomplice without any other corroborating evidence. If the
    court decertifies the case as a capital case under either of
    the grounds set forth above, the court shall issue a written
    finding. The State may pursue its right to appeal the
    decertification pursuant to Supreme Court Rule 604(a)(1). If
    the court does not decertify the case as a capital case, the
    matter shall proceed to the eligibility phase of the sentencing
    hearing.
    (i) Appellate Procedure.
    The conviction and sentence of death shall be subject to
    automatic review by the Supreme Court. Such review shall be in
    accordance with rules promulgated by the Supreme Court. The
    Illinois Supreme Court may overturn the death sentence, and
    order the imposition of imprisonment under Chapter V of the
    Unified Code of Corrections if the court finds that the death
    sentence is fundamentally unjust as applied to the particular
    case. If the Illinois Supreme Court finds that the death
    sentence is fundamentally unjust as applied to the particular
    case, independent of any procedural grounds for relief, the
    Illinois Supreme Court shall issue a written opinion explaining
    this finding.
    (j) Disposition of reversed death sentence.
    In the event that the death penalty in this Act is held to
    be unconstitutional by the Supreme Court of the United States
    or of the State of Illinois, any person convicted of first
    degree murder shall be sentenced by the court to a term of
    imprisonment under Chapter V of the Unified Code of
    Corrections.
    In the event that any death sentence pursuant to the
    sentencing provisions of this Section is declared
    unconstitutional by the Supreme Court of the United States or
    of the State of Illinois, the court having jurisdiction over a
    person previously sentenced to death shall cause the defendant
    to be brought before the court, and the court shall sentence
    the defendant to a term of imprisonment under Chapter V of the
    Unified Code of Corrections.
    (k) Guidelines for seeking the death penalty.
    The Attorney General and State’s Attorneys Association
    shall consult on voluntary guidelines for procedures governing
    whether or not to seek the death penalty. The guidelines do not
    have the force of law and are only advisory in nature.
    (Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
    100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
    (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
    Sec. 12-2. Aggravated assault.
    (a) Offense based on location of conduct. A person commits
    aggravated assault when he or she commits an assault against an
    individual who is on or about a public way, public property, a
    public place of accommodation or amusement, or a sports venue,
    or in a church, synagogue, mosque, or other building,
    structure, or place used for religious worship.
    (b) Offense based on status of victim. A person commits
    aggravated assault when, in committing an assault, he or she
    knows the individual assaulted to be any of the following:
    (1) A person with a physical disability or a person 60
    years of age or older and the assault is without legal
    justification.
    (2) A teacher or school employee upon school grounds or
    grounds adjacent to a school or in any part of a building
    used for school purposes.
    (3) A park district employee upon park grounds or
    grounds adjacent to a park or in any part of a building
    used for park purposes.
    (4) A community policing volunteer, private security
    officer, or utility worker:
    (i) performing his or her official duties;
    (ii) assaulted to prevent performance of his or her
    official duties; or
    (iii) assaulted in retaliation for performing his
    or her official duties.
    (4.1) A peace officer, fireman, emergency management
    worker, or emergency medical services personnel:
    (i) performing his or her official duties;
    (ii) assaulted to prevent performance of his or her
    official duties; or
    (iii) assaulted in retaliation for performing his
    or her official duties.
    (5) A correctional officer or probation officer:
    (i) performing his or her official duties;
    (ii) assaulted to prevent performance of his or her
    official duties; or
    (iii) assaulted in retaliation for performing his
    or her official duties.
    (6) A correctional institution employee, a county
    juvenile detention center employee who provides direct and
    continuous supervision of residents of a juvenile
    detention center, including a county juvenile detention
    center employee who supervises recreational activity for
    residents of a juvenile detention center, or a Department
    of Human Services employee, Department of Human Services
    officer, or employee of a subcontractor of the Department
    of Human Services supervising or controlling sexually
    dangerous persons or sexually violent persons:
    (i) performing his or her official duties;
    (ii) assaulted to prevent performance of his or her
    official duties; or
    (iii) assaulted in retaliation for performing his
    or her official duties.
    (7) An employee of the State of Illinois, a municipal
    corporation therein, or a political subdivision thereof,
    performing his or her official duties.
    (8) A transit employee performing his or her official
    duties, or a transit passenger.
    (9) A sports official or coach actively participating
    in any level of athletic competition within a sports venue,
    on an indoor playing field or outdoor playing field, or
    within the immediate vicinity of such a facility or field.
    (10) A person authorized to serve process under Section
    2-202 of the Code of Civil Procedure or a special process
    server appointed by the circuit court, while that
    individual is in the performance of his or her duties as a
    process server.
    (c) Offense based on use of firearm, device, or motor
    vehicle. A person commits aggravated assault when, in
    committing an assault, he or she does any of the following:
    (1) Uses a deadly weapon, an air rifle as defined in
    Section 24.8-0.1 of this Act, or any device manufactured
    and designed to be substantially similar in appearance to a
    firearm, other than by discharging a firearm.
    (2) Discharges a firearm, other than from a motor
    vehicle.
    (3) Discharges a firearm from a motor vehicle.
    (4) Wears a hood, robe, or mask to conceal his or her
    identity.
    (5) Knowingly and without lawful justification shines
    or flashes a laser gun sight or other laser device attached
    to a firearm, or used in concert with a firearm, so that
    the laser beam strikes near or in the immediate vicinity of
    any person.
    (6) Uses a firearm, other than by discharging the
    firearm, against a peace officer, community policing
    volunteer, fireman, private security officer, emergency
    management worker, emergency medical services personnel,
    employee of a police department, employee of a sheriff’s
    department, or traffic control municipal employee:
    (i) performing his or her official duties;
    (ii) assaulted to prevent performance of his or her
    official duties; or
    (iii) assaulted in retaliation for performing his
    or her official duties.
    (7) Without justification operates a motor vehicle in a
    manner which places a person, other than a person listed in
    subdivision (b)(4), in reasonable apprehension of being
    struck by the moving motor vehicle.
    (8) Without justification operates a motor vehicle in a
    manner which places a person listed in subdivision (b)(4),
    in reasonable apprehension of being struck by the moving
    motor vehicle.
    (9) Knowingly video or audio records the offense with
    the intent to disseminate the recording.
    (d) Sentence. Aggravated assault as defined in subdivision
    (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
    (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
    aggravated assault as defined in subdivision (b)(4) and (b)(7)
    is a Class 4 felony if a Category I, Category II, or Category
    III weapon is used in the commission of the assault. Aggravated
    assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
    (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
    Aggravated assault as defined in subdivision (c)(3) or (c)(8)
    is a Class 3 felony.
    (e) For the purposes of this Section, “Category I weapon”,
    “Category II weapon, and “Category III weapon” have the
    meanings ascribed to those terms in Section 33A-1 of this Code.
    (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
    eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16;
    99-816, eff. 8-15-16.)
    (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
    Sec. 12-3.05. Aggravated battery.
    (a) Offense based on injury. A person commits aggravated
    battery when, in committing a battery, other than by the
    discharge of a firearm, he or she knowingly does any of the
    following:
    (1) Causes great bodily harm or permanent disability or
    disfigurement.
    (2) Causes severe and permanent disability, great
    bodily harm, or disfigurement by means of a caustic or
    flammable substance, a poisonous gas, a deadly biological
    or chemical contaminant or agent, a radioactive substance,
    or a bomb or explosive compound.
    (3) Causes great bodily harm or permanent disability or
    disfigurement to an individual whom the person knows to be
    a peace officer, community policing volunteer, fireman,
    private security officer, correctional institution
    employee, or Department of Human Services employee
    supervising or controlling sexually dangerous persons or
    sexually violent persons:
    (i) performing his or her official duties;
    (ii) battered to prevent performance of his or her
    official duties; or
    (iii) battered in retaliation for performing his
    or her official duties.
    (4) Causes great bodily harm or permanent disability or
    disfigurement to an individual 60 years of age or older.
    (5) Strangles another individual.
    (b) Offense based on injury to a child or person with an
    intellectual disability. A person who is at least 18 years of
    age commits aggravated battery when, in committing a battery,
    he or she knowingly and without legal justification by any
    means:
    (1) causes great bodily harm or permanent disability or
    disfigurement to any child under the age of 13 years, or to
    any person with a severe or profound intellectual
    disability; or
    (2) causes bodily harm or disability or disfigurement
    to any child under the age of 13 years or to any person
    with a severe or profound intellectual disability.
    (c) Offense based on location of conduct. A person commits
    aggravated battery when, in committing a battery, other than by
    the discharge of a firearm, he or she is or the person battered
    is on or about a public way, public property, a public place of
    accommodation or amusement, a sports venue, or a domestic
    violence shelter, or in a church, synagogue, mosque, or other
    building, structure, or place used for religious worship.
    (d) Offense based on status of victim. A person commits
    aggravated battery when, in committing a battery, other than by
    discharge of a firearm, he or she knows the individual battered
    to be any of the following:
    (1) A person 60 years of age or older.
    (2) A person who is pregnant or has a physical
    disability.
    (3) A teacher or school employee upon school grounds or
    grounds adjacent to a school or in any part of a building
    used for school purposes.
    (4) A peace officer, community policing volunteer,
    fireman, private security officer, correctional
    institution employee, or Department of Human Services
    employee supervising or controlling sexually dangerous
    persons or sexually violent persons:
    (i) performing his or her official duties;
    (ii) battered to prevent performance of his or her
    official duties; or
    (iii) battered in retaliation for performing his
    or her official duties.
    (5) A judge, emergency management worker, emergency
    medical services personnel, or utility worker:
    (i) performing his or her official duties;
    (ii) battered to prevent performance of his or her
    official duties; or
    (iii) battered in retaliation for performing his
    or her official duties.
    (6) An officer or employee of the State of Illinois, a
    unit of local government, or a school district, while
    performing his or her official duties.
    (7) A transit employee performing his or her official
    duties, or a transit passenger.
    (8) A taxi driver on duty.
    (9) A merchant who detains the person for an alleged
    commission of retail theft under Section 16-26 of this Code
    and the person without legal justification by any means
    causes bodily harm to the merchant.
    (10) A person authorized to serve process under Section
    2-202 of the Code of Civil Procedure or a special process
    server appointed by the circuit court while that individual
    is in the performance of his or her duties as a process
    server.
    (11) A nurse while in the performance of his or her
    duties as a nurse.
    (e) Offense based on use of a firearm. A person commits
    aggravated battery when, in committing a battery, he or she
    knowingly does any of the following:
    (1) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    another person.
    (2) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    a person he or she knows to be a peace officer, community
    policing volunteer, person summoned by a police officer,
    fireman, private security officer, correctional
    institution employee, or emergency management worker:
    (i) performing his or her official duties;
    (ii) battered to prevent performance of his or her
    official duties; or
    (iii) battered in retaliation for performing his
    or her official duties.
    (3) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    a person he or she knows to be emergency medical services
    personnel:
    (i) performing his or her official duties;
    (ii) battered to prevent performance of his or her
    official duties; or
    (iii) battered in retaliation for performing his
    or her official duties.
    (4) Discharges a firearm and causes any injury to a
    person he or she knows to be a teacher, a student in a
    school, or a school employee, and the teacher, student, or
    employee is upon school grounds or grounds adjacent to a
    school or in any part of a building used for school
    purposes.
    (5) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to another person.
    (6) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be a peace officer, community policing volunteer,
    person summoned by a police officer, fireman, private
    security officer, correctional institution employee or
    emergency management worker:
    (i) performing his or her official duties;
    (ii) battered to prevent performance of his or her
    official duties; or
    (iii) battered in retaliation for performing his
    or her official duties.
    (7) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be emergency medical services personnel:
    (i) performing his or her official duties;
    (ii) battered to prevent performance of his or her
    official duties; or
    (iii) battered in retaliation for performing his
    or her official duties.
    (8) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be a teacher, or a student in a school, or a
    school employee, and the teacher, student, or employee is
    upon school grounds or grounds adjacent to a school or in
    any part of a building used for school purposes.
    (f) Offense based on use of a weapon or device. A person
    commits aggravated battery when, in committing a battery, he or
    she does any of the following:
    (1) Uses a deadly weapon other than by discharge of a
    firearm, or uses an air rifle as defined in Section
    24.8-0.1 of this Code.
    (2) Wears a hood, robe, or mask to conceal his or her
    identity.
    (3) Knowingly and without lawful justification shines
    or flashes a laser gunsight or other laser device attached
    to a firearm, or used in concert with a firearm, so that
    the laser beam strikes upon or against the person of
    another.
    (4) Knowingly video or audio records the offense with
    the intent to disseminate the recording.
    (g) Offense based on certain conduct. A person commits
    aggravated battery when, other than by discharge of a firearm,
    he or she does any of the following:
    (1) Violates Section 401 of the Illinois Controlled
    Substances Act by unlawfully delivering a controlled
    substance to another and any user experiences great bodily
    harm or permanent disability as a result of the injection,
    inhalation, or ingestion of any amount of the controlled
    substance.
    (2) Knowingly administers to an individual or causes
    him or her to take, without his or her consent or by threat
    or deception, and for other than medical purposes, any
    intoxicating, poisonous, stupefying, narcotic, anesthetic,
    or controlled substance, or gives to another person any
    food containing any substance or object intended to cause
    physical injury if eaten.
    (3) Knowingly causes or attempts to cause a
    correctional institution employee or Department of Human
    Services employee to come into contact with blood, seminal
    fluid, urine, or feces by throwing, tossing, or expelling
    the fluid or material, and the person is an inmate of a
    penal institution or is a sexually dangerous person or
    sexually violent person in the custody of the Department of
    Human Services.
    (h) Sentence. Unless otherwise provided, aggravated
    battery is a Class 3 felony.
    Aggravated battery as defined in subdivision (a)(4),
    (d)(4), or (g)(3) is a Class 2 felony.
    Aggravated battery as defined in subdivision (a)(3) or
    (g)(1) is a Class 1 felony.
    Aggravated battery as defined in subdivision (a)(1) is a
    Class 1 felony when the aggravated battery was intentional and
    involved the infliction of torture, as defined in paragraph
    (14) of subsection (b) of Section 9-1 of this Code, as the
    infliction of or subjection to extreme physical pain, motivated
    by an intent to increase or prolong the pain, suffering, or
    agony of the victim.
    Aggravated battery as defined in subdivision (a)(1) is a
    Class 2 felony when the person causes great bodily harm or
    permanent disability to an individual whom the person knows to
    be a member of a congregation engaged in prayer or other
    religious activities at a church, synagogue, mosque, or other
    building, structure, or place used for religious worship.
    Aggravated battery under subdivision (a)(5) is a Class 1
    felony if:
    (A) the person used or attempted to use a dangerous
    instrument while committing the offense; or
    (B) the person caused great bodily harm or permanent
    disability or disfigurement to the other person while
    committing the offense; or
    (C) the person has been previously convicted of a
    violation of subdivision (a)(5) under the laws of this
    State or laws similar to subdivision (a)(5) of any other
    state.
    Aggravated battery as defined in subdivision (e)(1) is a
    Class X felony.
    Aggravated battery as defined in subdivision (a)(2) is a
    Class X felony for which a person shall be sentenced to a term
    of imprisonment of a minimum of 6 years and a maximum of 45
    years.
    Aggravated battery as defined in subdivision (e)(5) is a
    Class X felony for which a person shall be sentenced to a term
    of imprisonment of a minimum of 12 years and a maximum of 45
    years.
    Aggravated battery as defined in subdivision (e)(2),
    (e)(3), or (e)(4) is a Class X felony for which a person shall
    be sentenced to a term of imprisonment of a minimum of 15 years
    and a maximum of 60 years.
    Aggravated battery as defined in subdivision (e)(6),
    (e)(7), or (e)(8) is a Class X felony for which a person shall
    be sentenced to a term of imprisonment of a minimum of 20 years
    and a maximum of 60 years.
    Aggravated battery as defined in subdivision (b)(1) is a
    Class X felony, except that:
    (1) if the person committed the offense while armed
    with a firearm, 15 years shall be added to the term of
    imprisonment imposed by the court;
    (2) if, during the commission of the offense, the
    person personally discharged a firearm, 20 years shall be
    added to the term of imprisonment imposed by the court;
    (3) if, during the commission of the offense, the
    person personally discharged a firearm that proximately
    caused great bodily harm, permanent disability, permanent
    disfigurement, or death to another person, 25 years or up
    to a term of natural life shall be added to the term of
    imprisonment imposed by the court.
    (i) Definitions. In For the purposes of this Section:
    “Building or other structure used to provide shelter” has
    the meaning ascribed to “shelter” in Section 1 of the Domestic
    Violence Shelters Act.
    “Domestic violence” has the meaning ascribed to it in
    Section 103 of the Illinois Domestic Violence Act of 1986.
    “Domestic violence shelter” means any building or other
    structure used to provide shelter or other services to victims
    or to the dependent children of victims of domestic violence
    pursuant to the Illinois Domestic Violence Act of 1986 or the
    Domestic Violence Shelters Act, or any place within 500 feet of
    such a building or other structure in the case of a person who
    is going to or from such a building or other structure.
    “Firearm” has the meaning provided under Section 1.1 of the
    Firearm Owners Identification Card Act, and does not include an
    air rifle as defined by Section 24.8-0.1 of this Code.
    “Machine gun” has the meaning ascribed to it in Section
    24-1 of this Code.
    “Merchant” has the meaning ascribed to it in Section 16-0.1
    of this Code.
    “Strangle” means intentionally impeding the normal
    breathing or circulation of the blood of an individual by
    applying pressure on the throat or neck of that individual or
    by blocking the nose or mouth of that individual.
    (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
    eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
    (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
    Sec. 24-1. Unlawful use of weapons.
    (a) A person commits the offense of unlawful use of weapons
    when he knowingly:
    (1) Sells, manufactures, purchases, possesses or
    carries any bludgeon, black-jack, slung-shot, sand-club,
    sand-bag, metal knuckles or other knuckle weapon
    regardless of its composition, throwing star, or any knife,
    commonly referred to as a switchblade knife, which has a
    blade that opens automatically by hand pressure applied to
    a button, spring or other device in the handle of the
    knife, or a ballistic knife, which is a device that propels
    a knifelike blade as a projectile by means of a coil
    spring, elastic material or compressed gas; or
    (2) Carries or possesses with intent to use the same
    unlawfully against another, a dagger, dirk, billy,
    dangerous knife, razor, stiletto, broken bottle or other
    piece of glass, stun gun or taser or any other dangerous or
    deadly weapon or instrument of like character; or
    (2.5) Carries or possesses with intent to use the same
    unlawfully against another, any firearm in a church,
    synagogue, mosque, or other building, structure, or place
    used for religious worship; or
    (3) Carries on or about his person or in any vehicle, a
    tear gas gun projector or bomb or any object containing
    noxious liquid gas or substance, other than an object
    containing a non-lethal noxious liquid gas or substance
    designed solely for personal defense carried by a person 18
    years of age or older; or
    (4) Carries or possesses in any vehicle or concealed on
    or about his person except when on his land or in his 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 or taser or other firearm, except that
    this subsection (a) (4) does not apply to or affect
    transportation of weapons that meet one of the following
    conditions:
    (i) are broken down in a non-functioning state; or
    (ii) are not immediately accessible; or
    (iii) are unloaded and enclosed in a case, firearm
    carrying box, shipping box, or other container by a
    person who has been issued a currently valid Firearm
    Owner’s Identification Card; or
    (iv) are carried or possessed in accordance with
    the Firearm Concealed Carry Act by a person who has
    been issued a currently valid license under the Firearm
    Concealed Carry Act; or
    (5) Sets a spring gun; or
    (6) Possesses any device or attachment of any kind
    designed, used or intended for use in silencing the report
    of any firearm; or
    (7) Sells, manufactures, purchases, possesses or
    carries:
    (i) a machine gun, which shall be defined for the
    purposes of this subsection as any weapon, which
    shoots, is designed to shoot, or can be readily
    restored to shoot, automatically more than one shot
    without manually reloading by a single function of the
    trigger, including the frame or receiver of any such
    weapon, or sells, manufactures, purchases, possesses,
    or carries any combination of parts designed or
    intended for use in converting any weapon into a
    machine gun, or any combination or parts from which a
    machine gun can be assembled if such parts are in the
    possession or under the control of a person;
    (ii) any rifle having one or more barrels less than
    16 inches in length or a shotgun having one or more
    barrels less than 18 inches in length or any weapon
    made from a rifle or shotgun, whether by alteration,
    modification, or otherwise, if such a weapon as
    modified has an overall length of less than 26 inches;
    or
    (iii) any bomb, bomb-shell, grenade, bottle or
    other container containing an explosive substance of
    over one-quarter ounce for like purposes, such as, but
    not limited to, black powder bombs and Molotov
    cocktails or artillery projectiles; or
    (8) Carries or possesses any firearm, stun gun or taser
    or other deadly weapon in any place which is licensed to
    sell intoxicating beverages, or at any public gathering
    held pursuant to a license issued by any governmental body
    or any public gathering at which an admission is charged,
    excluding a place where a showing, demonstration or lecture
    involving the exhibition of unloaded firearms is
    conducted.
    This subsection (a)(8) does not apply to any auction or
    raffle of a firearm held pursuant to a license or permit
    issued by a governmental body, nor does it apply to persons
    engaged in firearm safety training courses; or
    (9) Carries or possesses in a vehicle or on or about
    his or her person any pistol, revolver, stun gun or taser
    or firearm or ballistic knife, when he or she is hooded,
    robed or masked in such manner as to conceal his or her
    identity; or
    (10) 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 city, village, or
    incorporated town, except when an invitee thereon or
    therein, for the purpose of the display of such weapon or
    the lawful commerce in weapons, or except when on his 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, or taser or other firearm,
    except that this subsection (a) (10) does not apply to or
    affect transportation of weapons that meet one of the
    following conditions:
    (i) are broken down in a non-functioning state; or
    (ii) are not immediately accessible; or
    (iii) are unloaded and enclosed in a case, firearm
    carrying box, shipping box, or other container by a
    person who has been issued a currently valid Firearm
    Owner’s Identification Card; or
    (iv) are carried or possessed in accordance with
    the Firearm Concealed Carry Act by a person who has
    been issued a currently valid license under the Firearm
    Concealed Carry Act.
    A “stun gun or taser”, as used in this paragraph (a)
    means (i) any device which is powered by electrical
    charging units, such as, batteries, and which fires one or
    several barbs attached to a length of wire and which, upon
    hitting a human, can send out a current capable of
    disrupting the person’s nervous system in such a manner as
    to render him incapable of normal functioning or (ii) any
    device which is powered by electrical charging units, such
    as batteries, and which, upon contact with a human or
    clothing worn by a human, can send out current capable of
    disrupting the person’s nervous system in such a manner as
    to render him incapable of normal functioning; or
    (11) Sells, manufactures, or purchases any explosive
    bullet. For purposes of this paragraph (a) “explosive
    bullet” means the projectile portion of an ammunition
    cartridge which contains or carries an explosive charge
    which will explode upon contact with the flesh of a human
    or an animal. “Cartridge” means a tubular metal case having
    a projectile affixed at the front thereof and a cap or
    primer at the rear end thereof, with the propellant
    contained in such tube between the projectile and the cap;
    or
    (12) (Blank); or
    (13) Carries or possesses on or about his or her person
    while in a building occupied by a unit of government, a
    billy club, other weapon of like character, or other
    instrument of like character intended for use as a weapon.
    For the purposes of this Section, “billy club” means a
    short stick or club commonly carried by police officers
    which is either telescopic or constructed of a solid piece
    of wood or other man-made material.
    (b) Sentence. A person convicted of a violation of
    subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
    subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
    Class A misdemeanor. A person convicted of a violation of
    subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
    person convicted of a violation of subsection 24-1(a)(6) or
    24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
    convicted of a violation of subsection 24-1(a)(7)(i) commits a
    Class 2 felony and shall be sentenced to a term of imprisonment
    of not less than 3 years and not more than 7 years, unless the
    weapon is possessed in the passenger compartment of a motor
    vehicle as defined in Section 1-146 of the Illinois Vehicle
    Code, or on the person, while the weapon is loaded, in which
    case it shall be a Class X felony. A person convicted of a
    second or subsequent violation of subsection 24-1(a)(4),
    24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
    felony. A person convicted of a violation of subsection
    24-1(a)(2.5) commits a Class 2 felony. The possession of each
    weapon in violation of this Section constitutes a single and
    separate violation.
    (c) Violations in specific places.
    (1) A person who violates subsection 24-1(a)(6) or
    24-1(a)(7) in any school, regardless of the time of day or
    the time of year, in residential property owned, operated
    or managed by a public housing agency or leased by a public
    housing agency as part of a scattered site or mixed-income
    development, in a public park, in a courthouse, on the real
    property comprising any school, regardless of the time of
    day or the time of year, on residential property owned,
    operated or managed by a public housing agency or leased by
    a public housing agency as part of a scattered site or
    mixed-income development, on the real property comprising
    any public park, on the real property comprising any
    courthouse, in any conveyance owned, leased or contracted
    by a school to transport students to or from school or a
    school related activity, in any conveyance owned, leased,
    or contracted by a public transportation agency, or on any
    public way within 1,000 feet of the real property
    comprising any school, public park, courthouse, public
    transportation facility, or residential property owned,
    operated, or managed by a public housing agency or leased
    by a public housing agency as part of a scattered site or
    mixed-income development commits a Class 2 felony and shall
    be sentenced to a term of imprisonment of not less than 3
    years and not more than 7 years.
    (1.5) A person who violates subsection 24-1(a)(4),
    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
    time of day or the time of year, in residential property
    owned, operated, or managed by a public housing agency or
    leased by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in a
    courthouse, on the real property comprising any school,
    regardless of the time of day or the time of year, on
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development, on
    the real property comprising any public park, on the real
    property comprising any courthouse, in any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity, in
    any conveyance owned, leased, or contracted by a public
    transportation agency, or on any public way within 1,000
    feet of the real property comprising any school, public
    park, courthouse, public transportation facility, or
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development
    commits a Class 3 felony.
    (2) A person who violates subsection 24-1(a)(1),
    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
    time of day or the time of year, in residential property
    owned, operated or managed by a public housing agency or
    leased by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in a
    courthouse, on the real property comprising any school,
    regardless of the time of day or the time of year, on
    residential property owned, operated or managed by a public
    housing agency or leased by a public housing agency as part
    of a scattered site or mixed-income development, on the
    real property comprising any public park, on the real
    property comprising any courthouse, in any conveyance
    owned, leased or contracted by a school to transport
    students to or from school or a school related activity, in
    any conveyance owned, leased, or contracted by a public
    transportation agency, or on any public way within 1,000
    feet of the real property comprising any school, public
    park, courthouse, public transportation facility, or
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development
    commits a Class 4 felony. “Courthouse” means any building
    that is used by the Circuit, Appellate, or Supreme Court of
    this State for the conduct of official business.
    (3) Paragraphs (1), (1.5), and (2) of this subsection
    (c) shall not apply to law enforcement officers or security
    officers of such school, college, or university or to
    students carrying or possessing firearms for use in
    training courses, parades, hunting, target shooting on
    school ranges, or otherwise with the consent of school
    authorities and which firearms are transported unloaded
    enclosed in a suitable case, box, or transportation
    package.
    (4) For the purposes of this subsection (c), “school”
    means any public or private elementary or secondary school,
    community college, college, or university.
    (5) For the purposes of this subsection (c), “public
    transportation agency” means a public or private agency
    that provides for the transportation or conveyance of
    persons by means available to the general public, except
    for transportation by automobiles not used for conveyance
    of the general public as passengers; and “public
    transportation facility” means a terminal or other place
    where one may obtain public transportation.
    (d) The presence in an automobile other than a public
    omnibus of any weapon, instrument or substance referred to in
    subsection (a)(7) is prima facie evidence that it is in the
    possession of, and is being carried by, all persons occupying
    such automobile at the time such weapon, instrument or
    substance is found, except under the following circumstances:
    (i) if such weapon, instrument or instrumentality is found upon
    the person of one of the occupants therein; or (ii) if such
    weapon, instrument or substance is found in an automobile
    operated for hire by a duly licensed driver in the due, lawful
    and proper pursuit of his or her trade, then such presumption
    shall not apply to the driver.
    (e) Exemptions.
    (1) Crossbows, Common or Compound bows and Underwater
    Spearguns are exempted from the definition of ballistic
    knife as defined in paragraph (1) of subsection (a) of this
    Section.
    (2) The provision of paragraph (1) of subsection (a) of
    this Section prohibiting the sale, manufacture, purchase,
    possession, or carrying of any knife, commonly referred to
    as a switchblade knife, which has a blade that opens
    automatically by hand pressure applied to a button, spring
    or other device in the handle of the knife, does not apply
    to a person who possesses a currently valid Firearm Owner’s
    Identification Card previously issued in his or her name by
    the Department of State Police or to a person or an entity
    engaged in the business of selling or manufacturing
    switchblade knives.
    (Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)

    #1564
    AvatarNews
    Keymaster

    2019/06/27 Sent to the Governor

Viewing 3 posts - 1 through 3 (of 3 total)
  • You must be logged in to reply to this topic.