IL
Illinois House Bill HB2866

Illinois 2023-2024 Regular Session

Illinois House Bill HB2866 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2866 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1 from Ch. 38, par. 24-1 Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons. LRB103 30028 RLC 56449 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2866 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1 from Ch. 38, par. 24-1 Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons. LRB103 30028 RLC 56449 b LRB103 30028 RLC 56449 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2866 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1 from Ch. 38, par. 24-1
44 720 ILCS 5/24-1 from Ch. 38, par. 24-1
55 Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.
66 LRB103 30028 RLC 56449 b LRB103 30028 RLC 56449 b
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Criminal Code of 2012 is amended by
1515 5 changing Section 24-1 as follows:
1616 6 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
1717 7 Sec. 24-1. Unlawful use of weapons.
1818 8 (a) A person commits the the offense of unlawful use of
1919 9 weapons when he knowingly:
2020 10 (1) Sells, manufactures, purchases, possesses or
2121 11 carries any bludgeon, black-jack, slung-shot, sand-club,
2222 12 sand-bag, metal knuckles or other knuckle weapon
2323 13 regardless of its composition, throwing star, or any
2424 14 knife, commonly referred to as a switchblade knife, which
2525 15 has a blade that opens automatically by hand pressure
2626 16 applied to a button, spring or other device in the handle
2727 17 of the knife, or a ballistic knife, which is a device that
2828 18 propels a knifelike blade as a projectile by means of a
2929 19 coil spring, elastic material or compressed gas; or
3030 20 (2) Carries or possesses with intent to use the same
3131 21 unlawfully against another, a dagger, dirk, billy,
3232 22 dangerous knife, razor, stiletto, broken bottle or other
3333 23 piece of glass, stun gun or taser or any other dangerous or
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2866 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
3838 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1 from Ch. 38, par. 24-1
3939 720 ILCS 5/24-1 from Ch. 38, par. 24-1
4040 Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful use of weapons.
4141 LRB103 30028 RLC 56449 b LRB103 30028 RLC 56449 b
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6868 1 deadly weapon or instrument of like character; or
6969 2 (2.5) Carries or possesses with intent to use the same
7070 3 unlawfully against another, any firearm in a church,
7171 4 synagogue, mosque, or other building, structure, or place
7272 5 used for religious worship; or
7373 6 (3) Carries on or about his person or in any vehicle, a
7474 7 tear gas gun projector or bomb or any object containing
7575 8 noxious liquid gas or substance, other than an object
7676 9 containing a non-lethal noxious liquid gas or substance
7777 10 designed solely for personal defense carried by a person
7878 11 18 years of age or older; or
7979 12 (4) Carries or possesses in any vehicle or concealed
8080 13 on or about his person except when on his land or in his
8181 14 own abode, legal dwelling, or fixed place of business, or
8282 15 on the land or in the legal dwelling of another person as
8383 16 an invitee with that person's permission, any pistol,
8484 17 revolver, stun gun or taser or other firearm, except that
8585 18 this subsection (a)(4) does not apply to or affect
8686 19 transportation of weapons that meet one of the following
8787 20 conditions:
8888 21 (i) are broken down in a non-functioning state; or
8989 22 (ii) are not immediately accessible; or
9090 23 (iii) are unloaded and enclosed in a case, firearm
9191 24 carrying box, shipping box, or other container by a
9292 25 person who has been issued a currently valid Firearm
9393 26 Owner's Identification Card; or
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104104 1 (iv) are carried or possessed in accordance with
105105 2 the Firearm Concealed Carry Act by a person who has
106106 3 been issued a currently valid license under the
107107 4 Firearm Concealed Carry Act; or
108108 5 (5) Sets a spring gun; or
109109 6 (6) Possesses any device or attachment of any kind
110110 7 designed, used or intended for use in silencing the report
111111 8 of any firearm; or
112112 9 (7) Sells, manufactures, purchases, possesses or
113113 10 carries:
114114 11 (i) a machine gun, which shall be defined for the
115115 12 purposes of this subsection as any weapon, which
116116 13 shoots, is designed to shoot, or can be readily
117117 14 restored to shoot, automatically more than one shot
118118 15 without manually reloading by a single function of the
119119 16 trigger, including the frame or receiver of any such
120120 17 weapon, or sells, manufactures, purchases, possesses,
121121 18 or carries any combination of parts designed or
122122 19 intended for use in converting any weapon into a
123123 20 machine gun, or any combination or parts from which a
124124 21 machine gun can be assembled if such parts are in the
125125 22 possession or under the control of a person;
126126 23 (ii) any rifle having one or more barrels less
127127 24 than 16 inches in length or a shotgun having one or
128128 25 more barrels less than 18 inches in length or any
129129 26 weapon made from a rifle or shotgun, whether by
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140140 1 alteration, modification, or otherwise, if such a
141141 2 weapon as modified has an overall length of less than
142142 3 26 inches; or
143143 4 (iii) any bomb, bomb-shell, grenade, bottle or
144144 5 other container containing an explosive substance of
145145 6 over one-quarter ounce for like purposes, such as, but
146146 7 not limited to, black powder bombs and Molotov
147147 8 cocktails or artillery projectiles; or
148148 9 (8) Carries or possesses any firearm, stun gun or
149149 10 taser or other deadly weapon in any place which is
150150 11 licensed to sell intoxicating beverages, or at any public
151151 12 gathering held pursuant to a license issued by any
152152 13 governmental body or any public gathering at which an
153153 14 admission is charged, excluding a place where a showing,
154154 15 demonstration or lecture involving the exhibition of
155155 16 unloaded firearms is conducted.
156156 17 This subsection (a)(8) does not apply to any auction
157157 18 or raffle of a firearm held pursuant to a license or permit
158158 19 issued by a governmental body, nor does it apply to
159159 20 persons engaged in firearm safety training courses; or
160160 21 (9) Carries or possesses in a vehicle or on or about
161161 22 his or her person any pistol, revolver, stun gun or taser
162162 23 or firearm or ballistic knife, when he or she is hooded,
163163 24 robed or masked in such manner as to conceal his or her
164164 25 identity; or
165165 26 (10) Carries or possesses on or about his or her
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176176 1 person, upon any public street, alley, or other public
177177 2 lands within the corporate limits of a city, village, or
178178 3 incorporated town, except when an invitee thereon or
179179 4 therein, for the purpose of the display of such weapon or
180180 5 the lawful commerce in weapons, or except when on his land
181181 6 or in his or her own abode, legal dwelling, or fixed place
182182 7 of business, or on the land or in the legal dwelling of
183183 8 another person as an invitee with that person's
184184 9 permission, any pistol, revolver, stun gun, or taser or
185185 10 other firearm, except that this subsection (a)(10) does
186186 11 not apply to or affect transportation of weapons that meet
187187 12 one of the following conditions:
188188 13 (i) are broken down in a non-functioning state; or
189189 14 (ii) are not immediately accessible; or
190190 15 (iii) are unloaded and enclosed in a case, firearm
191191 16 carrying box, shipping box, or other container by a
192192 17 person who has been issued a currently valid Firearm
193193 18 Owner's Identification Card; or
194194 19 (iv) are carried or possessed in accordance with
195195 20 the Firearm Concealed Carry Act by a person who has
196196 21 been issued a currently valid license under the
197197 22 Firearm Concealed Carry Act.
198198 23 A "stun gun or taser", as used in this paragraph (a)
199199 24 means (i) any device which is powered by electrical
200200 25 charging units, such as, batteries, and which fires one or
201201 26 several barbs attached to a length of wire and which, upon
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212212 1 hitting a human, can send out a current capable of
213213 2 disrupting the person's nervous system in such a manner as
214214 3 to render him incapable of normal functioning or (ii) any
215215 4 device which is powered by electrical charging units, such
216216 5 as batteries, and which, upon contact with a human or
217217 6 clothing worn by a human, can send out current capable of
218218 7 disrupting the person's nervous system in such a manner as
219219 8 to render him incapable of normal functioning; or
220220 9 (11) Sells, manufactures, delivers, imports,
221221 10 possesses, or purchases any assault weapon attachment or
222222 11 .50 caliber cartridge in violation of Section 24-1.9 or
223223 12 any explosive bullet. For purposes of this paragraph (a)
224224 13 "explosive bullet" means the projectile portion of an
225225 14 ammunition cartridge which contains or carries an
226226 15 explosive charge which will explode upon contact with the
227227 16 flesh of a human or an animal. "Cartridge" means a tubular
228228 17 metal case having a projectile affixed at the front
229229 18 thereof and a cap or primer at the rear end thereof, with
230230 19 the propellant contained in such tube between the
231231 20 projectile and the cap; or
232232 21 (12) (Blank); or
233233 22 (13) Carries or possesses on or about his or her
234234 23 person while in a building occupied by a unit of
235235 24 government, a billy club, other weapon of like character,
236236 25 or other instrument of like character intended for use as
237237 26 a weapon. For the purposes of this Section, "billy club"
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248248 1 means a short stick or club commonly carried by police
249249 2 officers which is either telescopic or constructed of a
250250 3 solid piece of wood or other man-made material; or
251251 4 (14) Manufactures, possesses, sells, or offers to
252252 5 sell, purchase, manufacture, import, transfer, or use any
253253 6 device, part, kit, tool, accessory, or combination of
254254 7 parts that is designed to and functions to increase the
255255 8 rate of fire of a semiautomatic firearm above the standard
256256 9 rate of fire for semiautomatic firearms that is not
257257 10 equipped with that device, part, or combination of parts;
258258 11 or
259259 12 (15) Carries or possesses any assault weapon or .50
260260 13 caliber rifle in violation of Section 24-1.9; or
261261 14 (16) Manufactures, sells, delivers, imports, or
262262 15 purchases any assault weapon or .50 caliber rifle in
263263 16 violation of Section 24-1.9.
264264 17 (b) Sentence. A person convicted of a violation of
265265 18 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
266266 19 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
267267 20 commits a Class A misdemeanor. A person convicted of a
268268 21 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
269269 22 Class 4 felony; a person convicted of a violation of
270270 23 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
271271 24 24-1(a)(16) commits a Class 3 felony. A person convicted of a
272272 25 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
273273 26 and shall be sentenced to a term of imprisonment of not less
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284284 1 than 3 years and not more than 7 years, unless the weapon is
285285 2 possessed in the passenger compartment of a motor vehicle as
286286 3 defined in Section 1-146 of the Illinois Vehicle Code, or on
287287 4 the person, while the weapon is loaded, in which case it shall
288288 5 be a Class X felony. A person convicted of a second or
289289 6 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
290290 7 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
291291 8 felony. A person convicted of a violation of subsection
292292 9 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
293293 10 possession of each weapon or device in violation of this
294294 11 Section constitutes a single and separate violation.
295295 12 (c) Violations in specific places.
296296 13 (1) A person who violates subsection 24-1(a)(6) or
297297 14 24-1(a)(7) in any school, regardless of the time of day or
298298 15 the time of year, in residential property owned, operated
299299 16 or managed by a public housing agency or leased by a public
300300 17 housing agency as part of a scattered site or mixed-income
301301 18 development, in a public park, in a courthouse, on the
302302 19 real property comprising any school, regardless of the
303303 20 time of day or the time of year, on residential property
304304 21 owned, operated or managed by a public housing agency or
305305 22 leased by a public housing agency as part of a scattered
306306 23 site or mixed-income development, on the real property
307307 24 comprising any public park, on the real property
308308 25 comprising any courthouse, in any conveyance owned, leased
309309 26 or contracted by a school to transport students to or from
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320320 1 school or a school related activity, in any conveyance
321321 2 owned, leased, or contracted by a public transportation
322322 3 agency, or on any public way within 1,000 feet of the real
323323 4 property comprising any school, public park, courthouse,
324324 5 public transportation facility, or residential property
325325 6 owned, operated, or managed by a public housing agency or
326326 7 leased by a public housing agency as part of a scattered
327327 8 site or mixed-income development commits a Class 2 felony
328328 9 and shall be sentenced to a term of imprisonment of not
329329 10 less than 3 years and not more than 7 years.
330330 11 (1.5) A person who violates subsection 24-1(a)(4),
331331 12 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
332332 13 the time of day or the time of year, in residential
333333 14 property owned, operated, or managed by a public housing
334334 15 agency or leased by a public housing agency as part of a
335335 16 scattered site or mixed-income development, in a public
336336 17 park, in a courthouse, on the real property comprising any
337337 18 school, regardless of the time of day or the time of year,
338338 19 on residential property owned, operated, or managed by a
339339 20 public housing agency or leased by a public housing agency
340340 21 as part of a scattered site or mixed-income development,
341341 22 on the real property comprising any public park, on the
342342 23 real property comprising any courthouse, in any conveyance
343343 24 owned, leased, or contracted by a school to transport
344344 25 students to or from school or a school related activity,
345345 26 in any conveyance owned, leased, or contracted by a public
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356356 1 transportation agency, or on any public way within 1,000
357357 2 feet of the real property comprising any school, public
358358 3 park, courthouse, public transportation facility, or
359359 4 residential property owned, operated, or managed by a
360360 5 public housing agency or leased by a public housing agency
361361 6 as part of a scattered site or mixed-income development
362362 7 commits a Class 3 felony.
363363 8 (2) A person who violates subsection 24-1(a)(1),
364364 9 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
365365 10 time of day or the time of year, in residential property
366366 11 owned, operated or managed by a public housing agency or
367367 12 leased by a public housing agency as part of a scattered
368368 13 site or mixed-income development, in a public park, in a
369369 14 courthouse, on the real property comprising any school,
370370 15 regardless of the time of day or the time of year, on
371371 16 residential property owned, operated or managed by a
372372 17 public housing agency or leased by a public housing agency
373373 18 as part of a scattered site or mixed-income development,
374374 19 on the real property comprising any public park, on the
375375 20 real property comprising any courthouse, in any conveyance
376376 21 owned, leased or contracted by a school to transport
377377 22 students to or from school or a school related activity,
378378 23 in any conveyance owned, leased, or contracted by a public
379379 24 transportation agency, or on any public way within 1,000
380380 25 feet of the real property comprising any school, public
381381 26 park, courthouse, public transportation facility, or
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392392 1 residential property owned, operated, or managed by a
393393 2 public housing agency or leased by a public housing agency
394394 3 as part of a scattered site or mixed-income development
395395 4 commits a Class 4 felony. "Courthouse" means any building
396396 5 that is used by the Circuit, Appellate, or Supreme Court
397397 6 of this State for the conduct of official business.
398398 7 (3) Paragraphs (1), (1.5), and (2) of this subsection
399399 8 (c) shall not apply to law enforcement officers or
400400 9 security officers of such school, college, or university
401401 10 or to students carrying or possessing firearms for use in
402402 11 training courses, parades, hunting, target shooting on
403403 12 school ranges, or otherwise with the consent of school
404404 13 authorities and which firearms are transported unloaded
405405 14 enclosed in a suitable case, box, or transportation
406406 15 package.
407407 16 (4) For the purposes of this subsection (c), "school"
408408 17 means any public or private elementary or secondary
409409 18 school, community college, college, or university.
410410 19 (5) For the purposes of this subsection (c), "public
411411 20 transportation agency" means a public or private agency
412412 21 that provides for the transportation or conveyance of
413413 22 persons by means available to the general public, except
414414 23 for transportation by automobiles not used for conveyance
415415 24 of the general public as passengers; and "public
416416 25 transportation facility" means a terminal or other place
417417 26 where one may obtain public transportation.
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428428 1 (d) The presence in an automobile other than a public
429429 2 omnibus of any weapon, instrument or substance referred to in
430430 3 subsection (a)(7) is prima facie evidence that it is in the
431431 4 possession of, and is being carried by, all persons occupying
432432 5 such automobile at the time such weapon, instrument or
433433 6 substance is found, except under the following circumstances:
434434 7 (i) if such weapon, instrument or instrumentality is found
435435 8 upon the person of one of the occupants therein; or (ii) if
436436 9 such weapon, instrument or substance is found in an automobile
437437 10 operated for hire by a duly licensed driver in the due, lawful
438438 11 and proper pursuit of his or her trade, then such presumption
439439 12 shall not apply to the driver.
440440 13 (e) Exemptions.
441441 14 (1) Crossbows, Common or Compound bows and Underwater
442442 15 Spearguns are exempted from the definition of ballistic
443443 16 knife as defined in paragraph (1) of subsection (a) of
444444 17 this Section.
445445 18 (2) The provision of paragraph (1) of subsection (a)
446446 19 of this Section prohibiting the sale, manufacture,
447447 20 purchase, possession, or carrying of any knife, commonly
448448 21 referred to as a switchblade knife, which has a blade that
449449 22 opens automatically by hand pressure applied to a button,
450450 23 spring or other device in the handle of the knife, does not
451451 24 apply to a person who possesses a currently valid Firearm
452452 25 Owner's Identification Card previously issued in his or
453453 26 her name by the Illinois State Police or to a person or an
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464464 1 entity engaged in the business of selling or manufacturing
465465 2 switchblade knives.
466466 3 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
467467 4 102-1116, eff. 1-10-23.)
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