Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1936 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1936 Introduced 2/6/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: See Index Provides that the Act may be referred to as the Rafael Wordlaw Act. Amends the Criminal Code of 2012. Provides that "machine gun" includes any firearm that is modified or equipped with a forced reset trigger, including an auto-switch or binary switch. Provides that a person commits the offense of unlawful possession of weapons when the person knowingly sells, manufactures, purchases, possesses or carries any firearm that is modified or equipped with a high-capacity magazine. Provides that aggravated unlawful possession of a weapon while carrying or possessing a weapon that has been modified or equipped with a forced reset trigger, including an auto-switch or binary switch, or high-capacity magazine, is a Class X felony. Provides that a person who knowingly sells, offers to sell, or transfers an unserialized unfinished frame or receiver or unserialized firearm is guilty of a Class 2 (rather than a Class 4) felony for a first violation and is guilty of a Class 1 (rather than a Class 2) felony for a second or subsequent violation. Amends the Unified Code of Corrections. Permits the court to sentence a defendant to an extended term sentence for specified firearms violations. Provides that if a firearm used to commit the offense was outfitted with parts designed or intended for use in converting any weapon into a machine gun or a high-capacity magazine, 5 consecutive years shall be added on to the 15, 20, or 25 years to life added to the sentence. Defines terms. LRB104 11036 RLC 21118 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1936 Introduced 2/6/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: See Index See Index Provides that the Act may be referred to as the Rafael Wordlaw Act. Amends the Criminal Code of 2012. Provides that "machine gun" includes any firearm that is modified or equipped with a forced reset trigger, including an auto-switch or binary switch. Provides that a person commits the offense of unlawful possession of weapons when the person knowingly sells, manufactures, purchases, possesses or carries any firearm that is modified or equipped with a high-capacity magazine. Provides that aggravated unlawful possession of a weapon while carrying or possessing a weapon that has been modified or equipped with a forced reset trigger, including an auto-switch or binary switch, or high-capacity magazine, is a Class X felony. Provides that a person who knowingly sells, offers to sell, or transfers an unserialized unfinished frame or receiver or unserialized firearm is guilty of a Class 2 (rather than a Class 4) felony for a first violation and is guilty of a Class 1 (rather than a Class 2) felony for a second or subsequent violation. Amends the Unified Code of Corrections. Permits the court to sentence a defendant to an extended term sentence for specified firearms violations. Provides that if a firearm used to commit the offense was outfitted with parts designed or intended for use in converting any weapon into a machine gun or a high-capacity magazine, 5 consecutive years shall be added on to the 15, 20, or 25 years to life added to the sentence. Defines terms. LRB104 11036 RLC 21118 b LRB104 11036 RLC 21118 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1936 Introduced 2/6/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Provides that the Act may be referred to as the Rafael Wordlaw Act. Amends the Criminal Code of 2012. Provides that "machine gun" includes any firearm that is modified or equipped with a forced reset trigger, including an auto-switch or binary switch. Provides that a person commits the offense of unlawful possession of weapons when the person knowingly sells, manufactures, purchases, possesses or carries any firearm that is modified or equipped with a high-capacity magazine. Provides that aggravated unlawful possession of a weapon while carrying or possessing a weapon that has been modified or equipped with a forced reset trigger, including an auto-switch or binary switch, or high-capacity magazine, is a Class X felony. Provides that a person who knowingly sells, offers to sell, or transfers an unserialized unfinished frame or receiver or unserialized firearm is guilty of a Class 2 (rather than a Class 4) felony for a first violation and is guilty of a Class 1 (rather than a Class 2) felony for a second or subsequent violation. Amends the Unified Code of Corrections. Permits the court to sentence a defendant to an extended term sentence for specified firearms violations. Provides that if a firearm used to commit the offense was outfitted with parts designed or intended for use in converting any weapon into a machine gun or a high-capacity magazine, 5 consecutive years shall be added on to the 15, 20, or 25 years to life added to the sentence. Defines terms.
6	6	LRB104 11036 RLC 21118 b LRB104 11036 RLC 21118 b
7	7	LRB104 11036 RLC 21118 b
8	8	A BILL FOR
9	9	SB1936LRB104 11036 RLC 21118 b SB1936 LRB104 11036 RLC 21118 b
10	10	SB1936 LRB104 11036 RLC 21118 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title.This Act may be referred to as the
15	15	5 Rafael Wordlaw Act.
16	16	6 Section 5. The Criminal Code of 2012 is amended by
17	17	7 changing Sections 24-1, 24-1.6, 24-2, and 24-5.1 as follows:
18	18	8 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
19	19	9 Sec. 24-1. Unlawful possession of weapons.
20	20	10 (a) A person commits the offense of unlawful possession of
21	21	11 weapons when he knowingly:
22	22	12 (1) Sells, manufactures, purchases, possesses or
23	23	13 carries any bludgeon, black-jack, slung-shot, sand-club,
24	24	14 sand-bag, metal knuckles or other knuckle weapon
25	25	15 regardless of its composition, throwing star, or any
26	26	16 knife, commonly referred to as a switchblade knife, which
27	27	17 has a blade that opens automatically by hand pressure
28	28	18 applied to a button, spring or other device in the handle
29	29	19 of the knife, or a ballistic knife, which is a device that
30	30	20 propels a knifelike blade as a projectile by means of a
31	31	21 coil spring, elastic material or compressed gas; or
32	32	22 (2) Carries or possesses with intent to use the same
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1936 Introduced 2/6/2025, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
37	37	See Index See Index
38	38	See Index
39	39	Provides that the Act may be referred to as the Rafael Wordlaw Act. Amends the Criminal Code of 2012. Provides that "machine gun" includes any firearm that is modified or equipped with a forced reset trigger, including an auto-switch or binary switch. Provides that a person commits the offense of unlawful possession of weapons when the person knowingly sells, manufactures, purchases, possesses or carries any firearm that is modified or equipped with a high-capacity magazine. Provides that aggravated unlawful possession of a weapon while carrying or possessing a weapon that has been modified or equipped with a forced reset trigger, including an auto-switch or binary switch, or high-capacity magazine, is a Class X felony. Provides that a person who knowingly sells, offers to sell, or transfers an unserialized unfinished frame or receiver or unserialized firearm is guilty of a Class 2 (rather than a Class 4) felony for a first violation and is guilty of a Class 1 (rather than a Class 2) felony for a second or subsequent violation. Amends the Unified Code of Corrections. Permits the court to sentence a defendant to an extended term sentence for specified firearms violations. Provides that if a firearm used to commit the offense was outfitted with parts designed or intended for use in converting any weapon into a machine gun or a high-capacity magazine, 5 consecutive years shall be added on to the 15, 20, or 25 years to life added to the sentence. Defines terms.
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41	41	LRB104 11036 RLC 21118 b
42	42	A BILL FOR
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48	48	See Index
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67	67	1 unlawfully against another, a dagger, dirk, billy,
68	68	2 dangerous knife, razor, stiletto, broken bottle or other
69	69	3 piece of glass, stun gun or taser or any other dangerous or
70	70	4 deadly weapon or instrument of like character; or
71	71	5 (2.5) Carries or possesses with intent to use the same
72	72	6 unlawfully against another, any firearm in a church,
73	73	7 synagogue, mosque, or other building, structure, or place
74	74	8 used for religious worship; or
75	75	9 (3) Carries on or about his person or in any vehicle, a
76	76	10 tear gas gun projector or bomb or any object containing
77	77	11 noxious liquid gas or substance, other than an object
78	78	12 containing a non-lethal noxious liquid gas or substance
79	79	13 designed solely for personal defense carried by a person
80	80	14 18 years of age or older; or
81	81	15 (4) Carries or possesses in any vehicle or concealed
82	82	16 on or about his person except when on his land or in his
83	83	17 own abode, legal dwelling, or fixed place of business, or
84	84	18 on the land or in the legal dwelling of another person as
85	85	19 an invitee with that person's permission, any pistol,
86	86	20 revolver, stun gun or taser or other firearm, except that
87	87	21 this subsection (a)(4) does not apply to or affect
88	88	22 transportation of weapons that meet one of the following
89	89	23 conditions:
90	90	24 (i) are broken down in a non-functioning state; or
91	91	25 (ii) are not immediately accessible; or
92	92	26 (iii) are unloaded and enclosed in a case, firearm
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103	103	1 carrying box, shipping box, or other container by a
104	104	2 person who has been issued a currently valid Firearm
105	105	3 Owner's Identification Card; or
106	106	4 (iv) are carried or possessed in accordance with
107	107	5 the Firearm Concealed Carry Act by a person who has
108	108	6 been issued a currently valid license under the
109	109	7 Firearm Concealed Carry Act; or
110	110	8 (5) Sets a spring gun; or
111	111	9 (6) Possesses any device or attachment of any kind
112	112	10 designed, used or intended for use in silencing the report
113	113	11 of any firearm; or
114	114	12 (7) Sells, manufactures, purchases, possesses or
115	115	13 carries:
116	116	14 (i) a machine gun, which shall be defined for the
117	117	15 purposes of this subsection as any weapon, which
118	118	16 shoots, is designed to shoot, or can be readily
119	119	17 restored to shoot, automatically more than one shot
120	120	18 without manually reloading by a single function of the
121	121	19 trigger, including the frame or receiver of any such
122	122	20 weapon, or sells, manufactures, purchases, possesses,
123	123	21 or carries any combination of parts designed or
124	124	22 intended for use in converting any weapon into a
125	125	23 machine gun, or any combination or parts from which a
126	126	24 machine gun can be assembled if such parts are in the
127	127	25 possession or under the control of a person. "Machine
128	128	26 gun" also includes any firearm that is modified or
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139	139	1 equipped with a forced reset trigger, including an
140	140	2 auto-switch or binary switch. In this subparagraph
141	141	3 (i), "forced reset trigger" means a combination of
142	142	4 parts designed and intended for use in converting a
143	143	5 weapon to shoot automatically more than one shot,
144	144	6 without manual reloading, by a single function of the
145	145	7 trigger;
146	146	8 (ii) any rifle having one or more barrels less
147	147	9 than 16 inches in length or a shotgun having one or
148	148	10 more barrels less than 18 inches in length or any
149	149	11 weapon made from a rifle or shotgun, whether by
150	150	12 alteration, modification, or otherwise, if such a
151	151	13 weapon as modified has an overall length of less than
152	152	14 26 inches; or
153	153	15 (ii-5) any firearm that is modified or equipped
154	154	16 with a high-capacity magazine. In this subparagraph
155	155	17 (ii-5), "high-capacity magazine" means a magazine,
156	156	18 belt, drum, feed strip, or similar device, including
157	157	19 any such device joined or coupled with another in any
158	158	20 manner, that has an overall capacity of more than 15
159	159	21 rounds of ammunition. "High-capacity magazine" does
160	160	22 not include an attached tubular device to accept, and
161	161	23 capable of operating only with, .22 caliber rimfire
162	162	24 ammunition; or
163	163	25 (iii) any bomb, bomb-shell, grenade, bottle or
164	164	26 other container containing an explosive substance of
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175	175	1 over one-quarter ounce for like purposes, such as, but
176	176	2 not limited to, black powder bombs and Molotov
177	177	3 cocktails or artillery projectiles; or
178	178	4 (8) Carries or possesses any firearm, stun gun or
179	179	5 taser or other deadly weapon in any place which is
180	180	6 licensed to sell intoxicating beverages, or at any public
181	181	7 gathering held pursuant to a license issued by any
182	182	8 governmental body or any public gathering at which an
183	183	9 admission is charged, excluding a place where a showing,
184	184	10 demonstration or lecture involving the exhibition of
185	185	11 unloaded firearms is conducted.
186	186	12 This subsection (a)(8) does not apply to any auction
187	187	13 or raffle of a firearm held pursuant to a license or permit
188	188	14 issued by a governmental body, nor does it apply to
189	189	15 persons engaged in firearm safety training courses; or
190	190	16 (9) Carries or possesses in a vehicle or on or about
191	191	17 his or her person any pistol, revolver, stun gun or taser
192	192	18 or firearm or ballistic knife, when he or she is hooded,
193	193	19 robed or masked in such manner as to conceal his or her
194	194	20 identity; or
195	195	21 (10) Carries or possesses on or about his or her
196	196	22 person, upon any public street, alley, or other public
197	197	23 lands within the corporate limits of a city, village, or
198	198	24 incorporated town, except when an invitee thereon or
199	199	25 therein, for the purpose of the display of such weapon or
200	200	26 the lawful commerce in weapons, or except when on his land
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211	211	1 or in his or her own abode, legal dwelling, or fixed place
212	212	2 of business, or on the land or in the legal dwelling of
213	213	3 another person as an invitee with that person's
214	214	4 permission, any pistol, revolver, stun gun, or taser or
215	215	5 other firearm, except that this subsection (a)(10) does
216	216	6 not apply to or affect transportation of weapons that meet
217	217	7 one of the following conditions:
218	218	8 (i) are broken down in a non-functioning state; or
219	219	9 (ii) are not immediately accessible; or
220	220	10 (iii) are unloaded and enclosed in a case, firearm
221	221	11 carrying box, shipping box, or other container by a
222	222	12 person who has been issued a currently valid Firearm
223	223	13 Owner's Identification Card; or
224	224	14 (iv) are carried or possessed in accordance with
225	225	15 the Firearm Concealed Carry Act by a person who has
226	226	16 been issued a currently valid license under the
227	227	17 Firearm Concealed Carry Act.
228	228	18 A "stun gun or taser", as used in this paragraph (a)
229	229	19 means (i) any device which is powered by electrical
230	230	20 charging units, such as, batteries, and which fires one or
231	231	21 several barbs attached to a length of wire and which, upon
232	232	22 hitting a human, can send out a current capable of
233	233	23 disrupting the person's nervous system in such a manner as
234	234	24 to render him incapable of normal functioning or (ii) any
235	235	25 device which is powered by electrical charging units, such
236	236	26 as batteries, and which, upon contact with a human or
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247	247	1 clothing worn by a human, can send out current capable of
248	248	2 disrupting the person's nervous system in such a manner as
249	249	3 to render him incapable of normal functioning; or
250	250	4 (11) Sells, manufactures, delivers, imports,
251	251	5 possesses, or purchases any assault weapon attachment or
252	252	6 .50 caliber cartridge in violation of Section 24-1.9 or
253	253	7 any explosive bullet. For purposes of this paragraph (a)
254	254	8 "explosive bullet" means the projectile portion of an
255	255	9 ammunition cartridge which contains or carries an
256	256	10 explosive charge which will explode upon contact with the
257	257	11 flesh of a human or an animal. "Cartridge" means a tubular
258	258	12 metal case having a projectile affixed at the front
259	259	13 thereof and a cap or primer at the rear end thereof, with
260	260	14 the propellant contained in such tube between the
261	261	15 projectile and the cap; or
262	262	16 (12) (Blank); or
263	263	17 (13) Carries or possesses on or about his or her
264	264	18 person while in a building occupied by a unit of
265	265	19 government, a billy club, other weapon of like character,
266	266	20 or other instrument of like character intended for use as
267	267	21 a weapon. For the purposes of this Section, "billy club"
268	268	22 means a short stick or club commonly carried by police
269	269	23 officers which is either telescopic or constructed of a
270	270	24 solid piece of wood or other man-made material; or
271	271	25 (14) Manufactures, possesses, sells, or offers to
272	272	26 sell, purchase, manufacture, import, transfer, or use any
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283	283	1 device, part, kit, tool, accessory, or combination of
284	284	2 parts that is designed to and functions to increase the
285	285	3 rate of fire of a semiautomatic firearm above the standard
286	286	4 rate of fire for semiautomatic firearms that is not
287	287	5 equipped with that device, part, or combination of parts;
288	288	6 or
289	289	7 (15) Carries or possesses any assault weapon or .50
290	290	8 caliber rifle in violation of Section 24-1.9; or
291	291	9 (16) Manufactures, sells, delivers, imports, or
292	292	10 purchases any assault weapon or .50 caliber rifle in
293	293	11 violation of Section 24-1.9.
294	294	12 (b) Sentence. A person convicted of a violation of
295	295	13 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
296	296	14 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
297	297	15 commits a Class A misdemeanor. A person convicted of a
298	298	16 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
299	299	17 Class 4 felony; a person convicted of a violation of
300	300	18 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
301	301	19 24-1(a)(16) commits a Class 3 felony. A person convicted of a
302	302	20 violation of subsection 24-1(a)(7)(i) or 24-1(a)(7)(ii-5)
303	303	21 commits a Class 2 felony and shall be sentenced to a term of
304	304	22 imprisonment of not less than 3 years and not more than 7
305	305	23 years, unless the weapon is possessed in the passenger
306	306	24 compartment of a motor vehicle as defined in Section 1-146 of
307	307	25 the Illinois Vehicle Code, or on the person, while the weapon
308	308	26 is loaded, in which case it shall be a Class X felony. A person
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319	319	1 convicted of a second or subsequent violation of subsection
320	320	2 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), 24-1(a)(10), or
321	321	3 24-1(a)(15) commits a Class 3 felony. A person convicted of a
322	322	4 violation of subsection 24-1(a)(2.5) or 24-1(a)(14) commits a
323	323	5 Class 2 felony. The possession of each weapon or device in
324	324	6 violation of this Section constitutes a single and separate
325	325	7 violation.
326	326	8 (c) Violations in specific places.
327	327	9 (1) A person who violates subsection 24-1(a)(6) or
328	328	10 24-1(a)(7) in any school, regardless of the time of day or
329	329	11 the time of year, in residential property owned, operated
330	330	12 or managed by a public housing agency or leased by a public
331	331	13 housing agency as part of a scattered site or mixed-income
332	332	14 development, in a public park, in a courthouse, on the
333	333	15 real property comprising any school, regardless of the
334	334	16 time of day or the time of year, on residential property
335	335	17 owned, operated or managed by a public housing agency or
336	336	18 leased by a public housing agency as part of a scattered
337	337	19 site or mixed-income development, on the real property
338	338	20 comprising any public park, on the real property
339	339	21 comprising any courthouse, in any conveyance owned, leased
340	340	22 or contracted by a school to transport students to or from
341	341	23 school or a school related activity, in any conveyance
342	342	24 owned, leased, or contracted by a public transportation
343	343	25 agency, or on any public way within 1,000 feet of the real
344	344	26 property comprising any school, public park, courthouse,
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355	355	1 public transportation facility, or residential property
356	356	2 owned, operated, or managed by a public housing agency or
357	357	3 leased by a public housing agency as part of a scattered
358	358	4 site or mixed-income development commits a Class 2 felony
359	359	5 and shall be sentenced to a term of imprisonment of not
360	360	6 less than 3 years and not more than 7 years.
361	361	7 (1.5) A person who violates subsection 24-1(a)(4),
362	362	8 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
363	363	9 the time of day or the time of year, in residential
364	364	10 property owned, operated, or managed by a public housing
365	365	11 agency or leased by a public housing agency as part of a
366	366	12 scattered site or mixed-income development, in a public
367	367	13 park, in a courthouse, on the real property comprising any
368	368	14 school, regardless of the time of day or the time of year,
369	369	15 on residential property owned, operated, or managed by a
370	370	16 public housing agency or leased by a public housing agency
371	371	17 as part of a scattered site or mixed-income development,
372	372	18 on the real property comprising any public park, on the
373	373	19 real property comprising any courthouse, in any conveyance
374	374	20 owned, leased, or contracted by a school to transport
375	375	21 students to or from school or a school related activity,
376	376	22 in any conveyance owned, leased, or contracted by a public
377	377	23 transportation agency, or on any public way within 1,000
378	378	24 feet of the real property comprising any school, public
379	379	25 park, courthouse, public transportation facility, or
380	380	26 residential property owned, operated, or managed by a
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391	391	1 public housing agency or leased by a public housing agency
392	392	2 as part of a scattered site or mixed-income development
393	393	3 commits a Class 3 felony.
394	394	4 (2) A person who violates subsection 24-1(a)(1),
395	395	5 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
396	396	6 time of day or the time of year, in residential property
397	397	7 owned, operated or managed by a public housing agency or
398	398	8 leased by a public housing agency as part of a scattered
399	399	9 site or mixed-income development, in a public park, in a
400	400	10 courthouse, on the real property comprising any school,
401	401	11 regardless of the time of day or the time of year, on
402	402	12 residential property owned, operated or managed by a
403	403	13 public housing agency or leased by a public housing agency
404	404	14 as part of a scattered site or mixed-income development,
405	405	15 on the real property comprising any public park, on the
406	406	16 real property comprising any courthouse, in any conveyance
407	407	17 owned, leased or contracted by a school to transport
408	408	18 students to or from school or a school related activity,
409	409	19 in any conveyance owned, leased, or contracted by a public
410	410	20 transportation agency, or on any public way within 1,000
411	411	21 feet of the real property comprising any school, public
412	412	22 park, courthouse, public transportation facility, or
413	413	23 residential property owned, operated, or managed by a
414	414	24 public housing agency or leased by a public housing agency
415	415	25 as part of a scattered site or mixed-income development
416	416	26 commits a Class 4 felony. "Courthouse" means any building
417	417
418	418
419	419
420	420
421	421
422	422	SB1936 - 11 - LRB104 11036 RLC 21118 b
423	423
424	424
425	425	SB1936- 12 -LRB104 11036 RLC 21118 b SB1936 - 12 - LRB104 11036 RLC 21118 b
426	426	SB1936 - 12 - LRB104 11036 RLC 21118 b
427	427	1 that is used by the Circuit, Appellate, or Supreme Court
428	428	2 of this State for the conduct of official business.
429	429	3 (3) Paragraphs (1), (1.5), and (2) of this subsection
430	430	4 (c) shall not apply to law enforcement officers or
431	431	5 security officers of such school, college, or university
432	432	6 or to students carrying or possessing firearms for use in
433	433	7 training courses, parades, hunting, target shooting on
434	434	8 school ranges, or otherwise with the consent of school
435	435	9 authorities and which firearms are transported unloaded
436	436	10 enclosed in a suitable case, box, or transportation
437	437	11 package.
438	438	12 (4) For the purposes of this subsection (c), "school"
439	439	13 means any public or private elementary or secondary
440	440	14 school, community college, college, or university.
441	441	15 (5) For the purposes of this subsection (c), "public
442	442	16 transportation agency" means a public or private agency
443	443	17 that provides for the transportation or conveyance of
444	444	18 persons by means available to the general public, except
445	445	19 for transportation by automobiles not used for conveyance
446	446	20 of the general public as passengers; and "public
447	447	21 transportation facility" means a terminal or other place
448	448	22 where one may obtain public transportation.
449	449	23 (d) The presence in an automobile other than a public
450	450	24 omnibus of any weapon, instrument or substance referred to in
451	451	25 subsection (a)(7) is prima facie evidence that it is in the
452	452	26 possession of, and is being carried by, all persons occupying
453	453
454	454
455	455
456	456
457	457
458	458	SB1936 - 12 - LRB104 11036 RLC 21118 b
459	459
460	460
461	461	SB1936- 13 -LRB104 11036 RLC 21118 b SB1936 - 13 - LRB104 11036 RLC 21118 b
462	462	SB1936 - 13 - LRB104 11036 RLC 21118 b
463	463	1 such automobile at the time such weapon, instrument or
464	464	2 substance is found, except under the following circumstances:
465	465	3 (i) if such weapon, instrument or instrumentality is found
466	466	4 upon the person of one of the occupants therein; or (ii) if
467	467	5 such weapon, instrument or substance is found in an automobile
468	468	6 operated for hire by a duly licensed driver in the due, lawful
469	469	7 and proper pursuit of his or her trade, then such presumption
470	470	8 shall not apply to the driver.
471	471	9 (e) Exemptions.
472	472	10 (1) Crossbows, Common or Compound bows and Underwater
473	473	11 Spearguns are exempted from the definition of ballistic
474	474	12 knife as defined in paragraph (1) of subsection (a) of
475	475	13 this Section.
476	476	14 (2) The provision of paragraph (1) of subsection (a)
477	477	15 of this Section prohibiting the sale, manufacture,
478	478	16 purchase, possession, or carrying of any knife, commonly
479	479	17 referred to as a switchblade knife, which has a blade that
480	480	18 opens automatically by hand pressure applied to a button,
481	481	19 spring or other device in the handle of the knife, does not
482	482	20 apply to a person who possesses a currently valid Firearm
483	483	21 Owner's Identification Card previously issued in his or
484	484	22 her name by the Illinois State Police or to a person or an
485	485	23 entity engaged in the business of selling or manufacturing
486	486	24 switchblade knives.
487	487	25 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;
488	488	26 103-822, eff. 1-1-25.)
489	489
490	490
491	491
492	492
493	493
494	494	SB1936 - 13 - LRB104 11036 RLC 21118 b
495	495
496	496
497	497	SB1936- 14 -LRB104 11036 RLC 21118 b SB1936 - 14 - LRB104 11036 RLC 21118 b
498	498	SB1936 - 14 - LRB104 11036 RLC 21118 b
499	499	1 (720 ILCS 5/24-1.6)
500	500	2 Sec. 24-1.6. Aggravated unlawful possession of a weapon.
501	501	3 (a) A person commits the offense of aggravated unlawful
502	502	4 possession of a weapon when he or she knowingly:
503	503	5 (1) Carries on or about his or her person or in any
504	504	6 vehicle or concealed on or about his or her person except
505	505	7 when on his or her land or in his or her abode, legal
506	506	8 dwelling, or fixed place of business, or on the land or in
507	507	9 the legal dwelling of another person as an invitee with
508	508	10 that person's permission, any pistol, revolver, stun gun
509	509	11 or taser or other firearm; or
510	510	12 (2) Carries or possesses on or about his or her
511	511	13 person, upon any public street, alley, or other public
512	512	14 lands within the corporate limits of a city, village or
513	513	15 incorporated town, except when an invitee thereon or
514	514	16 therein, for the purpose of the display of such weapon or
515	515	17 the lawful commerce in weapons, or except when on his or
516	516	18 her own land or in his or her own abode, legal dwelling, or
517	517	19 fixed place of business, or on the land or in the legal
518	518	20 dwelling of another person as an invitee with that
519	519	21 person's permission, any pistol, revolver, stun gun or
520	520	22 taser or other firearm; and
521	521	23 (3) One of the following factors is present:
522	522	24 (A) the firearm, other than a pistol, revolver, or
523	523	25 handgun, possessed was uncased, loaded, and
524	524
525	525
526	526
527	527
528	528
529	529	SB1936 - 14 - LRB104 11036 RLC 21118 b
530	530
531	531
532	532	SB1936- 15 -LRB104 11036 RLC 21118 b SB1936 - 15 - LRB104 11036 RLC 21118 b
533	533	SB1936 - 15 - LRB104 11036 RLC 21118 b
534	534	1 immediately accessible at the time of the offense; or
535	535	2 (A-5) the pistol, revolver, or handgun possessed
536	536	3 was uncased, loaded, and immediately accessible at the
537	537	4 time of the offense and the person possessing the
538	538	5 pistol, revolver, or handgun has not been issued a
539	539	6 currently valid license under the Firearm Concealed
540	540	7 Carry Act; or
541	541	8 (B) the firearm, other than a pistol, revolver, or
542	542	9 handgun, possessed was uncased, unloaded, and the
543	543	10 ammunition for the weapon was immediately accessible
544	544	11 at the time of the offense; or
545	545	12 (B-5) the pistol, revolver, or handgun possessed
546	546	13 was uncased, unloaded, and the ammunition for the
547	547	14 weapon was immediately accessible at the time of the
548	548	15 offense and the person possessing the pistol,
549	549	16 revolver, or handgun has not been issued a currently
550	550	17 valid license under the Firearm Concealed Carry Act;
551	551	18 or
552	552	19 (C) the person possessing the firearm has not been
553	553	20 issued a currently valid Firearm Owner's
554	554	21 Identification Card; or
555	555	22 (D) the person possessing the weapon was
556	556	23 previously adjudicated a delinquent minor under the
557	557	24 Juvenile Court Act of 1987 for an act that if committed
558	558	25 by an adult would be a felony; or
559	559	26 (E) the person possessing the weapon was engaged
560	560
561	561
562	562
563	563
564	564
565	565	SB1936 - 15 - LRB104 11036 RLC 21118 b
566	566
567	567
568	568	SB1936- 16 -LRB104 11036 RLC 21118 b SB1936 - 16 - LRB104 11036 RLC 21118 b
569	569	SB1936 - 16 - LRB104 11036 RLC 21118 b
570	570	1 in a misdemeanor violation of the Cannabis Control
571	571	2 Act, in a misdemeanor violation of the Illinois
572	572	3 Controlled Substances Act, or in a misdemeanor
573	573	4 violation of the Methamphetamine Control and Community
574	574	5 Protection Act; or
575	575	6 (F) (blank); or
576	576	7 (G) the person possessing the weapon had an order
577	577	8 of protection issued against him or her within the
578	578	9 previous 2 years; or
579	579	10 (H) the person possessing the weapon was engaged
580	580	11 in the commission or attempted commission of a
581	581	12 misdemeanor involving the use or threat of violence
582	582	13 against the person or property of another; or
583	583	14 (I) the person possessing the weapon was under 21
584	584	15 years of age and in possession of a handgun, unless the
585	585	16 person under 21 is engaged in lawful activities under
586	586	17 the Wildlife Code or described in subsection
587	587	18 24-2(b)(1), (b)(3), or 24-2(f).
588	588	19 (a-5) "Handgun" as used in this Section has the meaning
589	589	20 given to it in Section 5 of the Firearm Concealed Carry Act.
590	590	21 (b) "Stun gun or taser" as used in this Section has the
591	591	22 same definition given to it in Section 24-1 of this Code.
592	592	23 (c) This Section does not apply to or affect the
593	593	24 transportation or possession of weapons that:
594	594	25 (i) are broken down in a non-functioning state; or
595	595	26 (ii) are not immediately accessible; or
596	596
597	597
598	598
599	599
600	600
601	601	SB1936 - 16 - LRB104 11036 RLC 21118 b
602	602
603	603
604	604	SB1936- 17 -LRB104 11036 RLC 21118 b SB1936 - 17 - LRB104 11036 RLC 21118 b
605	605	SB1936 - 17 - LRB104 11036 RLC 21118 b
606	606	1 (iii) are unloaded and enclosed in a case, firearm
607	607	2 carrying box, shipping box, or other container by a person
608	608	3 who has been issued a currently valid Firearm Owner's
609	609	4 Identification Card.
610	610	5 (d) Sentence.
611	611	6 (1) Aggravated unlawful possession of a weapon is a
612	612	7 Class 4 felony; a second or subsequent offense is a Class 2
613	613	8 felony for which the person shall be sentenced to a term of
614	614	9 imprisonment of not less than 3 years and not more than 7
615	615	10 years, except as provided for in Section 5-4.5-110 of the
616	616	11 Unified Code of Corrections.
617	617	12 (2) Except as otherwise provided in paragraphs (3) and
618	618	13 (4) of this subsection (d), a first offense of aggravated
619	619	14 unlawful possession of a weapon committed with a firearm
620	620	15 by a person 18 years of age or older where the factors
621	621	16 listed in both items (A) and (C) or both items (A-5) and
622	622	17 (C) of paragraph (3) of subsection (a) are present is a
623	623	18 Class 4 felony, for which the person shall be sentenced to
624	624	19 a term of imprisonment of not less than one year and not
625	625	20 more than 3 years.
626	626	21 (3) Aggravated unlawful possession of a weapon by a
627	627	22 person who has been previously convicted of a felony in
628	628	23 this State or another jurisdiction is a Class 2 felony for
629	629	24 which the person shall be sentenced to a term of
630	630	25 imprisonment of not less than 3 years and not more than 7
631	631	26 years, except as provided for in Section 5-4.5-110 of the
632	632
633	633
634	634
635	635
636	636
637	637	SB1936 - 17 - LRB104 11036 RLC 21118 b
638	638
639	639
640	640	SB1936- 18 -LRB104 11036 RLC 21118 b SB1936 - 18 - LRB104 11036 RLC 21118 b
641	641	SB1936 - 18 - LRB104 11036 RLC 21118 b
642	642	1 Unified Code of Corrections.
643	643	2 (4) Aggravated unlawful possession of a weapon while
644	644	3 wearing or in possession of body armor as defined in
645	645	4 Section 33F-1 by a person who has not been issued a valid
646	646	5 Firearms Owner's Identification Card in accordance with
647	647	6 Section 5 of the Firearm Owners Identification Card Act is
648	648	7 a Class X felony.
649	649	8 (5) Aggravated unlawful possession of a weapon while
650	650	9 carrying or possessing a weapon that has been modified or
651	651	10 equipped with a forced reset trigger, including an
652	652	11 auto-switch or binary switch, or high-capacity magazine,
653	653	12 is a Class X felony. In this paragraph, "forced reset
654	654	13 trigger" and "high-capacity magazine" have the meanings
655	655	14 ascribed to them in subparagraphs (i) and (ii-5) of
656	656	15 paragraph (7) of subsection (a) of Section 24-1,
657	657	16 respectively.
658	658	17 (e) The possession of each firearm in violation of this
659	659	18 Section constitutes a single and separate violation.
660	660	19 (Source: P.A. 103-822, eff. 1-1-25.)
661	661	20 (720 ILCS 5/24-2)
662	662	21 Sec. 24-2. Exemptions.
663	663	22 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
664	664	23 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
665	665	24 the following:
666	666	25 (1) Peace officers, and any person summoned by a peace
667	667
668	668
669	669
670	670
671	671
672	672	SB1936 - 18 - LRB104 11036 RLC 21118 b
673	673
674	674
675	675	SB1936- 19 -LRB104 11036 RLC 21118 b SB1936 - 19 - LRB104 11036 RLC 21118 b
676	676	SB1936 - 19 - LRB104 11036 RLC 21118 b
677	677	1 officer to assist in making arrests or preserving the
678	678	2 peace, while actually engaged in assisting such officer.
679	679	3 (2) Wardens, superintendents, and keepers of prisons,
680	680	4 penitentiaries, jails, and other institutions for the
681	681	5 detention of persons accused or convicted of an offense,
682	682	6 while in the performance of their official duty, or while
683	683	7 commuting between their homes and places of employment.
684	684	8 (3) Members of the Armed Services or Reserve Forces of
685	685	9 the United States or the Illinois National Guard or the
686	686	10 Reserve Officers Training Corps, while in the performance
687	687	11 of their official duty.
688	688	12 (4) Special agents employed by a railroad or a public
689	689	13 utility to perform police functions, and guards of armored
690	690	14 car companies, while actually engaged in the performance
691	691	15 of the duties of their employment or commuting between
692	692	16 their homes and places of employment; and watchmen while
693	693	17 actually engaged in the performance of the duties of their
694	694	18 employment.
695	695	19 (5) Persons licensed as private security contractors,
696	696	20 private detectives, or private alarm contractors, or
697	697	21 employed by a private security contractor, private
698	698	22 detective, or private alarm contractor agency licensed by
699	699	23 the Department of Financial and Professional Regulation,
700	700	24 if their duties include the carrying of a weapon under the
701	701	25 provisions of the Private Detective, Private Alarm,
702	702	26 Private Security, Fingerprint Vendor, and Locksmith Act of
703	703
704	704
705	705
706	706
707	707
708	708	SB1936 - 19 - LRB104 11036 RLC 21118 b
709	709
710	710
711	711	SB1936- 20 -LRB104 11036 RLC 21118 b SB1936 - 20 - LRB104 11036 RLC 21118 b
712	712	SB1936 - 20 - LRB104 11036 RLC 21118 b
713	713	1 2004, while actually engaged in the performance of the
714	714	2 duties of their employment or commuting between their
715	715	3 homes and places of employment. A person shall be
716	716	4 considered eligible for this exemption if he or she has
717	717	5 completed the required 20 hours of training for a private
718	718	6 security contractor, private detective, or private alarm
719	719	7 contractor, or employee of a licensed private security
720	720	8 contractor, private detective, or private alarm contractor
721	721	9 agency and 28 hours of required firearm training, and has
722	722	10 been issued a firearm control card by the Department of
723	723	11 Financial and Professional Regulation. Conditions for the
724	724	12 renewal of firearm control cards issued under the
725	725	13 provisions of this Section shall be the same as for those
726	726	14 cards issued under the provisions of the Private
727	727	15 Detective, Private Alarm, Private Security, Fingerprint
728	728	16 Vendor, and Locksmith Act of 2004. The firearm control
729	729	17 card shall be carried by the private security contractor,
730	730	18 private detective, or private alarm contractor, or
731	731	19 employee of the licensed private security contractor,
732	732	20 private detective, or private alarm contractor agency at
733	733	21 all times when he or she is in possession of a concealable
734	734	22 weapon permitted by his or her firearm control card.
735	735	23 (6) Any person regularly employed in a commercial or
736	736	24 industrial operation as a security guard for the
737	737	25 protection of persons employed and private property
738	738	26 related to such commercial or industrial operation, while
739	739
740	740
741	741
742	742
743	743
744	744	SB1936 - 20 - LRB104 11036 RLC 21118 b
745	745
746	746
747	747	SB1936- 21 -LRB104 11036 RLC 21118 b SB1936 - 21 - LRB104 11036 RLC 21118 b
748	748	SB1936 - 21 - LRB104 11036 RLC 21118 b
749	749	1 actually engaged in the performance of his or her duty or
750	750	2 traveling between sites or properties belonging to the
751	751	3 employer, and who, as a security guard, is a member of a
752	752	4 security force registered with the Department of Financial
753	753	5 and Professional Regulation; provided that such security
754	754	6 guard has successfully completed a course of study,
755	755	7 approved by and supervised by the Department of Financial
756	756	8 and Professional Regulation, consisting of not less than
757	757	9 48 hours of training that includes the theory of law
758	758	10 enforcement, liability for acts, and the handling of
759	759	11 weapons. A person shall be considered eligible for this
760	760	12 exemption if he or she has completed the required 20 hours
761	761	13 of training for a security officer and 28 hours of
762	762	14 required firearm training, and has been issued a firearm
763	763	15 control card by the Department of Financial and
764	764	16 Professional Regulation. Conditions for the renewal of
765	765	17 firearm control cards issued under the provisions of this
766	766	18 Section shall be the same as for those cards issued under
767	767	19 the provisions of the Private Detective, Private Alarm,
768	768	20 Private Security, Fingerprint Vendor, and Locksmith Act of
769	769	21 2004. The firearm control card shall be carried by the
770	770	22 security guard at all times when he or she is in possession
771	771	23 of a concealable weapon permitted by his or her firearm
772	772	24 control card.
773	773	25 (7) Agents and investigators of the Illinois
774	774	26 Legislative Investigating Commission authorized by the
775	775
776	776
777	777
778	778
779	779
780	780	SB1936 - 21 - LRB104 11036 RLC 21118 b
781	781
782	782
783	783	SB1936- 22 -LRB104 11036 RLC 21118 b SB1936 - 22 - LRB104 11036 RLC 21118 b
784	784	SB1936 - 22 - LRB104 11036 RLC 21118 b
785	785	1 Commission to carry the weapons specified in subsections
786	786	2 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
787	787	3 any investigation for the Commission.
788	788	4 (8) Persons employed by a financial institution as a
789	789	5 security guard for the protection of other employees and
790	790	6 property related to such financial institution, while
791	791	7 actually engaged in the performance of their duties,
792	792	8 commuting between their homes and places of employment, or
793	793	9 traveling between sites or properties owned or operated by
794	794	10 such financial institution, and who, as a security guard,
795	795	11 is a member of a security force registered with the
796	796	12 Department; provided that any person so employed has
797	797	13 successfully completed a course of study, approved by and
798	798	14 supervised by the Department of Financial and Professional
799	799	15 Regulation, consisting of not less than 48 hours of
800	800	16 training which includes theory of law enforcement,
801	801	17 liability for acts, and the handling of weapons. A person
802	802	18 shall be considered to be eligible for this exemption if
803	803	19 he or she has completed the required 20 hours of training
804	804	20 for a security officer and 28 hours of required firearm
805	805	21 training, and has been issued a firearm control card by
806	806	22 the Department of Financial and Professional Regulation.
807	807	23 Conditions for renewal of firearm control cards issued
808	808	24 under the provisions of this Section shall be the same as
809	809	25 for those issued under the provisions of the Private
810	810	26 Detective, Private Alarm, Private Security, Fingerprint
811	811
812	812
813	813
814	814
815	815
816	816	SB1936 - 22 - LRB104 11036 RLC 21118 b
817	817
818	818
819	819	SB1936- 23 -LRB104 11036 RLC 21118 b SB1936 - 23 - LRB104 11036 RLC 21118 b
820	820	SB1936 - 23 - LRB104 11036 RLC 21118 b
821	821	1 Vendor, and Locksmith Act of 2004. The firearm control
822	822	2 card shall be carried by the security guard at all times
823	823	3 when he or she is in possession of a concealable weapon
824	824	4 permitted by his or her firearm control card. For purposes
825	825	5 of this subsection, "financial institution" means a bank,
826	826	6 savings and loan association, credit union, or company
827	827	7 providing armored car services.
828	828	8 (9) Any person employed by an armored car company to
829	829	9 drive an armored car, while actually engaged in the
830	830	10 performance of his duties.
831	831	11 (10) Persons who have been classified as peace
832	832	12 officers pursuant to the Peace Officer Fire Investigation
833	833	13 Act.
834	834	14 (11) Investigators of the Office of the State's
835	835	15 Attorneys Appellate Prosecutor authorized by the board of
836	836	16 governors of the Office of the State's Attorneys Appellate
837	837	17 Prosecutor to carry weapons pursuant to Section 7.06 of
838	838	18 the State's Attorneys Appellate Prosecutor's Act.
839	839	19 (12) Special investigators appointed by a State's
840	840	20 Attorney under Section 3-9005 of the Counties Code.
841	841	21 (12.5) Probation officers while in the performance of
842	842	22 their duties, or while commuting between their homes,
843	843	23 places of employment or specific locations that are part
844	844	24 of their assigned duties, with the consent of the chief
845	845	25 judge of the circuit for which they are employed, if they
846	846	26 have received weapons training according to requirements
847	847
848	848
849	849
850	850
851	851
852	852	SB1936 - 23 - LRB104 11036 RLC 21118 b
853	853
854	854
855	855	SB1936- 24 -LRB104 11036 RLC 21118 b SB1936 - 24 - LRB104 11036 RLC 21118 b
856	856	SB1936 - 24 - LRB104 11036 RLC 21118 b
857	857	1 of the Peace Officer and Probation Officer Firearm
858	858	2 Training Act.
859	859	3 (13) Court security officers Security Officers while
860	860	4 in the performance of their official duties, or while
861	861	5 commuting between their homes and places of employment,
862	862	6 with the consent of the sheriff Sheriff.
863	863	7 (13.5) A person employed as an armed security guard at
864	864	8 a nuclear energy, storage, weapons, or development site or
865	865	9 facility regulated by the Nuclear Regulatory Commission
866	866	10 who has completed the background screening and training
867	867	11 mandated by the rules and regulations of the Nuclear
868	868	12 Regulatory Commission.
869	869	13 (14) Manufacture, transportation, or sale of weapons
870	870	14 to persons authorized under subdivisions (1) through
871	871	15 (13.5) of this subsection to possess those weapons.
872	872	16 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
873	873	17 to or affect any person carrying a concealed pistol, revolver,
874	874	18 or handgun and the person has been issued a currently valid
875	875	19 license under the Firearm Concealed Carry Act at the time of
876	876	20 the commission of the offense.
877	877	21 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
878	878	22 to or affect a qualified current or retired law enforcement
879	879	23 officer or a current or retired deputy, county correctional
880	880	24 officer, or correctional officer of the Department of
881	881	25 Corrections qualified under the laws of this State or under
882	882	26 the federal Law Enforcement Officers Safety Act.
883	883
884	884
885	885
886	886
887	887
888	888	SB1936 - 24 - LRB104 11036 RLC 21118 b
889	889
890	890
891	891	SB1936- 25 -LRB104 11036 RLC 21118 b SB1936 - 25 - LRB104 11036 RLC 21118 b
892	892	SB1936 - 25 - LRB104 11036 RLC 21118 b
893	893	1 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
894	894	2 24-1.6 do not apply to or affect any of the following:
895	895	3 (1) Members of any club or organization organized for
896	896	4 the purpose of practicing shooting at targets upon
897	897	5 established target ranges, whether public or private, and
898	898	6 patrons of such ranges, while such members or patrons are
899	899	7 using their firearms on those target ranges.
900	900	8 (2) Duly authorized military or civil organizations
901	901	9 while parading, with the special permission of the
902	902	10 Governor.
903	903	11 (3) Hunters, trappers, or fishermen while engaged in
904	904	12 lawful hunting, trapping, or fishing under the provisions
905	905	13 of the Wildlife Code or the Fish and Aquatic Life Code.
906	906	14 (4) Transportation of weapons that are broken down in
907	907	15 a non-functioning state or are not immediately accessible.
908	908	16 (5) Carrying or possessing any pistol, revolver, stun
909	909	17 gun or taser or other firearm on the land or in the legal
910	910	18 dwelling of another person as an invitee with that
911	911	19 person's permission.
912	912	20 (c) Subsections Subsection 24-1(a)(7)(i), (ii), (ii-5),
913	913	21 and (iii) do does not apply to or affect any of the following:
914	914	22 (1) Peace officers while in performance of their
915	915	23 official duties.
916	916	24 (2) Wardens, superintendents, and keepers of prisons,
917	917	25 penitentiaries, jails, and other institutions for the
918	918	26 detention of persons accused or convicted of an offense.
919	919
920	920
921	921
922	922
923	923
924	924	SB1936 - 25 - LRB104 11036 RLC 21118 b
925	925
926	926
927	927	SB1936- 26 -LRB104 11036 RLC 21118 b SB1936 - 26 - LRB104 11036 RLC 21118 b
928	928	SB1936 - 26 - LRB104 11036 RLC 21118 b
929	929	1 (3) Members of the Armed Services or Reserve Forces of
930	930	2 the United States or the Illinois National Guard, while in
931	931	3 the performance of their official duty.
932	932	4 (4) Manufacture, transportation, or sale of machine
933	933	5 guns to persons authorized under subdivisions (1) through
934	934	6 (3) of this subsection to possess machine guns, if the
935	935	7 machine guns are broken down in a non-functioning state or
936	936	8 are not immediately accessible.
937	937	9 (5) Persons licensed under federal law to manufacture
938	938	10 any weapon from which 8 or more shots or bullets can be
939	939	11 discharged by a single function of the firing device, or
940	940	12 ammunition for such weapons, and actually engaged in the
941	941	13 business of manufacturing such weapons or ammunition, but
942	942	14 only with respect to activities which are within the
943	943	15 lawful scope of such business, such as the manufacture,
944	944	16 transportation, or testing of such weapons or ammunition.
945	945	17 This exemption does not authorize the general private
946	946	18 possession of any weapon from which 8 or more shots or
947	947	19 bullets can be discharged by a single function of the
948	948	20 firing device, but only such possession and activities as
949	949	21 are within the lawful scope of a licensed manufacturing
950	950	22 business described in this paragraph.
951	951	23 During transportation, such weapons shall be broken
952	952	24 down in a non-functioning state or not immediately
953	953	25 accessible.
954	954	26 (6) The manufacture, transport, testing, delivery,
955	955
956	956
957	957
958	958
959	959
960	960	SB1936 - 26 - LRB104 11036 RLC 21118 b
961	961
962	962
963	963	SB1936- 27 -LRB104 11036 RLC 21118 b SB1936 - 27 - LRB104 11036 RLC 21118 b
964	964	SB1936 - 27 - LRB104 11036 RLC 21118 b
965	965	1 transfer, or sale, and all lawful commercial or
966	966	2 experimental activities necessary thereto, of rifles,
967	967	3 shotguns, and weapons made from rifles or shotguns, or
968	968	4 ammunition for such rifles, shotguns, or weapons, where
969	969	5 engaged in by a person operating as a contractor or
970	970	6 subcontractor pursuant to a contract or subcontract for
971	971	7 the development and supply of such rifles, shotguns,
972	972	8 weapons, or ammunition to the United States government or
973	973	9 any branch of the Armed Forces of the United States, when
974	974	10 such activities are necessary and incident to fulfilling
975	975	11 the terms of such contract.
976	976	12 The exemption granted under this subdivision (c)(6)
977	977	13 shall also apply to any authorized agent of any such
978	978	14 contractor or subcontractor who is operating within the
979	979	15 scope of his employment, where such activities involving
980	980	16 such weapon, weapons, or ammunition are necessary and
981	981	17 incident to fulfilling the terms of such contract.
982	982	18 (7) A person possessing a rifle with a barrel or
983	983	19 barrels less than 16 inches in length if: (A) the person
984	984	20 has been issued a Curios and Relics license from the U.S.
985	985	21 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
986	986	22 (B) the person is an active member of a bona fide,
987	987	23 nationally recognized military re-enacting group and the
988	988	24 modification is required and necessary to accurately
989	989	25 portray the weapon for historical re-enactment purposes;
990	990	26 the re-enactor is in possession of a valid and current
991	991
992	992
993	993
994	994
995	995
996	996	SB1936 - 27 - LRB104 11036 RLC 21118 b
997	997
998	998
999	999	SB1936- 28 -LRB104 11036 RLC 21118 b SB1936 - 28 - LRB104 11036 RLC 21118 b
1000	1000	SB1936 - 28 - LRB104 11036 RLC 21118 b
1001	1001	1 re-enacting group membership credential; and the overall
1002	1002	2 length of the weapon as modified is not less than 26
1003	1003	3 inches.
1004	1004	4 (d) Subsection 24-1(a)(1) does not apply to the purchase,
1005	1005	5 possession or carrying of a black-jack or slung-shot by a
1006	1006	6 peace officer.
1007	1007	7 (e) Subsection 24-1(a)(8) does not apply to any owner,
1008	1008	8 manager, or authorized employee of any place specified in that
1009	1009	9 subsection nor to any law enforcement officer.
1010	1010	10 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
1011	1011	11 Section 24-1.6 do not apply to members of any club or
1012	1012	12 organization organized for the purpose of practicing shooting
1013	1013	13 at targets upon established target ranges, whether public or
1014	1014	14 private, while using their firearms on those target ranges.
1015	1015	15 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
1016	1016	16 to:
1017	1017	17 (1) Members of the Armed Services or Reserve Forces of
1018	1018	18 the United States or the Illinois National Guard, while in
1019	1019	19 the performance of their official duty.
1020	1020	20 (2) Bonafide collectors of antique or surplus military
1021	1021	21 ordnance.
1022	1022	22 (3) Laboratories having a department of forensic
1023	1023	23 ballistics, or specializing in the development of
1024	1024	24 ammunition or explosive ordnance.
1025	1025	25 (4) Commerce, preparation, assembly, or possession of
1026	1026	26 explosive bullets by manufacturers of ammunition licensed
1027	1027
1028	1028
1029	1029
1030	1030
1031	1031
1032	1032	SB1936 - 28 - LRB104 11036 RLC 21118 b
1033	1033
1034	1034
1035	1035	SB1936- 29 -LRB104 11036 RLC 21118 b SB1936 - 29 - LRB104 11036 RLC 21118 b
1036	1036	SB1936 - 29 - LRB104 11036 RLC 21118 b
1037	1037	1 by the federal government, in connection with the supply
1038	1038	2 of those organizations and persons exempted by subdivision
1039	1039	3 (g)(1) of this Section, or like organizations and persons
1040	1040	4 outside this State, or the transportation of explosive
1041	1041	5 bullets to any organization or person exempted in this
1042	1042	6 Section by a common carrier or by a vehicle owned or leased
1043	1043	7 by an exempted manufacturer.
1044	1044	8 (g-5) Subsection 24-1(a)(6) does not apply to or affect
1045	1045	9 persons licensed under federal law to manufacture any device
1046	1046	10 or attachment of any kind designed, used, or intended for use
1047	1047	11 in silencing the report of any firearm, firearms, or
1048	1048	12 ammunition for those firearms equipped with those devices, and
1049	1049	13 actually engaged in the business of manufacturing those
1050	1050	14 devices, firearms, or ammunition, but only with respect to
1051	1051	15 activities that are within the lawful scope of that business,
1052	1052	16 such as the manufacture, transportation, or testing of those
1053	1053	17 devices, firearms, or ammunition. This exemption does not
1054	1054	18 authorize the general private possession of any device or
1055	1055	19 attachment of any kind designed, used, or intended for use in
1056	1056	20 silencing the report of any firearm, but only such possession
1057	1057	21 and activities as are within the lawful scope of a licensed
1058	1058	22 manufacturing business described in this subsection (g-5).
1059	1059	23 During transportation, these devices shall be detached from
1060	1060	24 any weapon or not immediately accessible.
1061	1061	25 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1062	1062	26 24-1.6 do not apply to or affect any parole agent or parole
1063	1063
1064	1064
1065	1065
1066	1066
1067	1067
1068	1068	SB1936 - 29 - LRB104 11036 RLC 21118 b
1069	1069
1070	1070
1071	1071	SB1936- 30 -LRB104 11036 RLC 21118 b SB1936 - 30 - LRB104 11036 RLC 21118 b
1072	1072	SB1936 - 30 - LRB104 11036 RLC 21118 b
1073	1073	1 supervisor who meets the qualifications and conditions
1074	1074	2 prescribed in Section 3-14-1.5 of the Unified Code of
1075	1075	3 Corrections.
1076	1076	4 (g-7) Subsection 24-1(a)(6) does not apply to a peace
1077	1077	5 officer while serving as a member of a tactical response team
1078	1078	6 or special operations team. A peace officer may not personally
1079	1079	7 own or apply for ownership of a device or attachment of any
1080	1080	8 kind designed, used, or intended for use in silencing the
1081	1081	9 report of any firearm. These devices shall be owned and
1082	1082	10 maintained by lawfully recognized units of government whose
1083	1083	11 duties include the investigation of criminal acts.
1084	1084	12 (g-10) (Blank).
1085	1085	13 (h) An information or indictment based upon a violation of
1086	1086	14 any subsection of this Article need not negate negative any
1087	1087	15 exemptions contained in this Article. The defendant shall have
1088	1088	16 the burden of proving such an exemption.
1089	1089	17 (i) Nothing in this Article shall prohibit, apply to, or
1090	1090	18 affect the transportation, carrying, or possession, of any
1091	1091	19 pistol or revolver, stun gun, taser, or other firearm
1092	1092	20 consigned to a common carrier operating under license of the
1093	1093	21 State of Illinois or the federal government, where such
1094	1094	22 transportation, carrying, or possession is incident to the
1095	1095	23 lawful transportation in which such common carrier is engaged;
1096	1096	24 and nothing in this Article shall prohibit, apply to, or
1097	1097	25 affect the transportation, carrying, or possession of any
1098	1098	26 pistol, revolver, stun gun, taser, or other firearm, not the
1099	1099
1100	1100
1101	1101
1102	1102
1103	1103
1104	1104	SB1936 - 30 - LRB104 11036 RLC 21118 b
1105	1105
1106	1106
1107	1107	SB1936- 31 -LRB104 11036 RLC 21118 b SB1936 - 31 - LRB104 11036 RLC 21118 b
1108	1108	SB1936 - 31 - LRB104 11036 RLC 21118 b
1109	1109	1 subject of and regulated by subsection 24-1(a)(7) or
1110	1110	2 subsection 24-2(c) of this Article, which is unloaded and
1111	1111	3 enclosed in a case, firearm carrying box, shipping box, or
1112	1112	4 other container, by the possessor of a valid Firearm Owners
1113	1113	5 Identification Card.
1114	1114	6 (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;
1115	1115	7 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised
1116	1116	8 7-22-24.)
1117	1117	9 (720 ILCS 5/24-5.1)
1118	1118	10 Sec. 24-5.1. Serialization of unfinished frames or
1119	1119	11 receivers; prohibition on unserialized firearms; exceptions;
1120	1120	12 penalties.
1121	1121	13 (a) In this Section:
1122	1122	14 "Bona fide supplier" means an established business entity
1123	1123	15 engaged in the development and sale of firearms parts to one or
1124	1124	16 more federal firearms manufacturers or federal firearms
1125	1125	17 importers.
1126	1126	18 "Federal firearms dealer" means a licensed manufacturer
1127	1127	19 pursuant to 18 U.S.C. 921(a)(11).
1128	1128	20 "Federal firearms importer" means a licensed importer
1129	1129	21 pursuant to 18 U.S.C. 921(a)(9).
1130	1130	22 "Federal firearms manufacturer" means a licensed
1131	1131	23 manufacturer pursuant to 18 U.S.C. 921(a)(10).
1132	1132	24 "Frame or receiver" means a part of a firearm that, when
1133	1133	25 the complete weapon is assembled, is visible from the exterior
1134	1134
1135	1135
1136	1136
1137	1137
1138	1138
1139	1139	SB1936 - 31 - LRB104 11036 RLC 21118 b
1140	1140
1141	1141
1142	1142	SB1936- 32 -LRB104 11036 RLC 21118 b SB1936 - 32 - LRB104 11036 RLC 21118 b
1143	1143	SB1936 - 32 - LRB104 11036 RLC 21118 b
1144	1144	1 and provides housing or a structure designed to hold or
1145	1145	2 integrate one or more fire control components, even if pins or
1146	1146	3 other attachments are required to connect those components to
1147	1147	4 the housing or structure. For models of firearms in which
1148	1148	5 multiple parts provide such housing or structure, the part or
1149	1149	6 parts that the Director of the federal Bureau of Alcohol,
1150	1150	7 Tobacco, Firearms and Explosives has determined are a frame or
1151	1151	8 receiver constitute the frame or receiver. For purposes of
1152	1152	9 this definition, "fire control component" means a component
1153	1153	10 necessary for the firearm to initiate, complete, or continue
1154	1154	11 the firing sequence, including any of the following: hammer,
1155	1155	12 bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
1156	1156	13 firing pin, striker, or slide rails.
1157	1157	14 "Security exemplar" means an object to be fabricated at
1158	1158	15 the direction of the United States Attorney General that is
1159	1159	16 (1) constructed of 3.7 ounces of material type 17-4 PH
1160	1160	17 stainless steel in a shape resembling a handgun and (2)
1161	1161	18 suitable for testing and calibrating metal detectors.
1162	1162	19 "Three-dimensional printer" means a computer or
1163	1163	20 computer-drive machine capable of producing a
1164	1164	21 three-dimensional object from a digital model.
1165	1165	22 "Undetectable firearm" means (1) a firearm constructed
1166	1166	23 entirely of non-metal substances; (2) a firearm that, after
1167	1167	24 removal of all parts but the major components of the firearm,
1168	1168	25 is not detectable by walk-through metal detectors calibrated
1169	1169	26 and operated to detect the security exemplar; or (3) a firearm
1170	1170
1171	1171
1172	1172
1173	1173
1174	1174
1175	1175	SB1936 - 32 - LRB104 11036 RLC 21118 b
1176	1176
1177	1177
1178	1178	SB1936- 33 -LRB104 11036 RLC 21118 b SB1936 - 33 - LRB104 11036 RLC 21118 b
1179	1179	SB1936 - 33 - LRB104 11036 RLC 21118 b
1180	1180	1 that includes a major component of a firearm, which, if
1181	1181	2 subject to the types of detection devices commonly used at
1182	1182	3 airports for security screening, would not generate an image
1183	1183	4 that accurately depicts the shape of the component.
1184	1184	5 "Undetectable firearm" does not include a firearm subject to
1185	1185	6 the provisions of 18 U.S.C. 922(p)(3) through (6).
1186	1186	7 "Unfinished frame or receiver" means any forging, casting,
1187	1187	8 printing, extrusion, machined body, or similar article that:
1188	1188	9 (1) has reached a stage in manufacture where it may
1189	1189	10 readily be completed, assembled, or converted to be a
1190	1190	11 functional firearm; or
1191	1191	12 (2) is marketed or sold to the public to become or be
1192	1192	13 used as the frame or receiver of a functional firearm once
1193	1193	14 completed, assembled, or converted.
1194	1194	15 "Unserialized" means lacking a serial number imprinted by:
1195	1195	16 (1) a federal firearms manufacturer, federal firearms
1196	1196	17 importer, federal firearms dealer, or other federal
1197	1197	18 licensee authorized to provide marking services, pursuant
1198	1198	19 to a requirement under federal law; or
1199	1199	20 (2) a federal firearms dealer or other federal
1200	1200	21 licensee authorized to provide marking services pursuant
1201	1201	22 to subsection (f) of this Section.
1202	1202	23 (b) It is unlawful for any person to knowingly sell, offer
1203	1203	24 to sell, or transfer an unserialized unfinished frame or
1204	1204	25 receiver or unserialized firearm, including those produced
1205	1205	26 using a three-dimensional printer, unless the party purchasing
1206	1206
1207	1207
1208	1208
1209	1209
1210	1210
1211	1211	SB1936 - 33 - LRB104 11036 RLC 21118 b
1212	1212
1213	1213
1214	1214	SB1936- 34 -LRB104 11036 RLC 21118 b SB1936 - 34 - LRB104 11036 RLC 21118 b
1215	1215	SB1936 - 34 - LRB104 11036 RLC 21118 b
1216	1216	1 or receiving the unfinished frame or receiver or unserialized
1217	1217	2 firearm is a federal firearms importer, federal firearms
1218	1218	3 manufacturer, or federal firearms dealer.
1219	1219	4 (c) Beginning 180 days after May 18, 2022 (the effective
1220	1220	5 date of Public Act 102-889), it is unlawful for any person to
1221	1221	6 knowingly possess, transport, or receive an unfinished frame
1222	1222	7 or receiver, unless:
1223	1223	8 (1) the party possessing or receiving the unfinished
1224	1224	9 frame or receiver is a federal firearms importer or
1225	1225	10 federal firearms manufacturer;
1226	1226	11 (2) the unfinished frame or receiver is possessed or
1227	1227	12 transported by a person for transfer to a federal firearms
1228	1228	13 importer or federal firearms manufacturer; or
1229	1229	14 (3) the unfinished frame or receiver has been
1230	1230	15 imprinted with a serial number issued by a federal
1231	1231	16 firearms importer or federal firearms manufacturer in
1232	1232	17 compliance with subsection (f) of this Section.
1233	1233	18 (d) Beginning 180 days after May 18, 2022 (the effective
1234	1234	19 date of Public Act 102-889), unless the party receiving the
1235	1235	20 firearm is a federal firearms importer or federal firearms
1236	1236	21 manufacturer, it is unlawful for any person to knowingly
1237	1237	22 possess, purchase, transport, or receive a firearm that is not
1238	1238	23 imprinted with a serial number by (1) a federal firearms
1239	1239	24 importer or federal firearms manufacturer in compliance with
1240	1240	25 all federal laws and regulations regulating the manufacture
1241	1241	26 and import of firearms or (2) a federal firearms manufacturer,
1242	1242
1243	1243
1244	1244
1245	1245
1246	1246
1247	1247	SB1936 - 34 - LRB104 11036 RLC 21118 b
1248	1248
1249	1249
1250	1250	SB1936- 35 -LRB104 11036 RLC 21118 b SB1936 - 35 - LRB104 11036 RLC 21118 b
1251	1251	SB1936 - 35 - LRB104 11036 RLC 21118 b
1252	1252	1 federal firearms dealer, or other federal licensee authorized
1253	1253	2 to provide marking services in compliance with the
1254	1254	3 unserialized firearm serialization process under subsection
1255	1255	4 (f) of this Section.
1256	1256	5 (e) Any firearm or unfinished frame or receiver
1257	1257	6 manufactured using a three-dimensional printer must also be
1258	1258	7 serialized in accordance with the requirements of subsection
1259	1259	8 (f) within 30 days after May 18, 2022 (the effective date of
1260	1260	9 Public Act 102-889), or prior to reaching a stage of
1261	1261	10 manufacture where it may be readily completed, assembled, or
1262	1262	11 converted to be a functional firearm.
1263	1263	12 (f) Unserialized unfinished frames or receivers and
1264	1264	13 unserialized firearms serialized pursuant to this Section
1265	1265	14 shall be serialized in compliance with all of the following:
1266	1266	15 (1) An unserialized unfinished frame or receiver and
1267	1267	16 unserialized firearm shall be serialized by a federally
1268	1268	17 licensed firearms dealer or other federal licensee
1269	1269	18 authorized to provide marking services with the licensee's
1270	1270	19 abbreviated federal firearms license number as a prefix
1271	1271	20 (which is the first 3 and last 5 digits) followed by a
1272	1272	21 hyphen, and then followed by a number as a suffix, such as
1273	1273	22 12345678-(number). The serial number or numbers must be
1274	1274	23 placed in a manner that accords with the requirements
1275	1275	24 under federal law for affixing serial numbers to firearms,
1276	1276	25 including the requirements that the serial number or
1277	1277	26 numbers be at the minimum size and depth, and not
1278	1278
1279	1279
1280	1280
1281	1281
1282	1282
1283	1283	SB1936 - 35 - LRB104 11036 RLC 21118 b
1284	1284
1285	1285
1286	1286	SB1936- 36 -LRB104 11036 RLC 21118 b SB1936 - 36 - LRB104 11036 RLC 21118 b
1287	1287	SB1936 - 36 - LRB104 11036 RLC 21118 b
1288	1288	1 susceptible to being readily obliterated, altered, or
1289	1289	2 removed, and the licensee must retain records that accord
1290	1290	3 with the requirements under federal law in the case of the
1291	1291	4 sale of a firearm. The imprinting of any serial number
1292	1292	5 upon an undetectable firearm must be done on a steel
1293	1293	6 plaque in compliance with 18 U.S.C. 922(p).
1294	1294	7 (2) Every federally licensed firearms dealer or other
1295	1295	8 federal licensee that engraves, casts, stamps, or
1296	1296	9 otherwise conspicuously and permanently places a unique
1297	1297	10 serial number pursuant to this Section shall maintain a
1298	1298	11 record of such indefinitely. Licensees subject to the
1299	1299	12 Firearm Dealer License Certification Act shall make all
1300	1300	13 records accessible for inspection upon the request of the
1301	1301	14 Illinois State Police or a law enforcement agency in
1302	1302	15 accordance with Section 5-35 of the Firearm Dealer License
1303	1303	16 Certification Act.
1304	1304	17 (3) Every federally licensed firearms dealer or other
1305	1305	18 federal licensee that engraves, casts, stamps, or
1306	1306	19 otherwise conspicuously and permanently places a unique
1307	1307	20 serial number pursuant to this Section shall record it at
1308	1308	21 the time of every transaction involving the transfer of a
1309	1309	22 firearm, rifle, shotgun, finished frame or receiver, or
1310	1310	23 unfinished frame or receiver that has been so marked in
1311	1311	24 compliance with the federal guidelines set forth in 27 CFR
1312	1312	25 478.124.
1313	1313	26 (4) Every federally licensed firearms dealer or other
1314	1314
1315	1315
1316	1316
1317	1317
1318	1318
1319	1319	SB1936 - 36 - LRB104 11036 RLC 21118 b
1320	1320
1321	1321
1322	1322	SB1936- 37 -LRB104 11036 RLC 21118 b SB1936 - 37 - LRB104 11036 RLC 21118 b
1323	1323	SB1936 - 37 - LRB104 11036 RLC 21118 b
1324	1324	1 federal licensee that engraves, casts, stamps, or
1325	1325	2 otherwise conspicuously and permanently places a unique
1326	1326	3 serial number pursuant to this Section shall review and
1327	1327	4 confirm the validity of the owner's Firearm Owner's
1328	1328	5 Identification Card issued under the Firearm Owners
1329	1329	6 Identification Card Act prior to returning the firearm to
1330	1330	7 the owner.
1331	1331	8 (g) Within 30 days after May 18, 2022 (the effective date
1332	1332	9 of Public Act 102-889), the Director of the Illinois State
1333	1333	10 Police shall issue a public notice regarding the provisions of
1334	1334	11 this Section. The notice shall include posting on the Illinois
1335	1335	12 State Police website and may include written notification or
1336	1336	13 any other means of communication statewide to all
1337	1337	14 Illinois-based federal firearms manufacturers, federal
1338	1338	15 firearms dealers, or other federal licensees authorized to
1339	1339	16 provide marking services in compliance with the serialization
1340	1340	17 process in subsection (f) in order to educate the public.
1341	1341	18 (h) Exceptions. This Section does not apply to an
1342	1342	19 unserialized unfinished frame or receiver or an unserialized
1343	1343	20 firearm that:
1344	1344	21 (1) has been rendered permanently inoperable;
1345	1345	22 (2) is an antique firearm, as defined in 18 U.S.C.
1346	1346	23 921(a)(16);
1347	1347	24 (3) was manufactured prior to October 22, 1968;
1348	1348	25 (4) is an unfinished frame or receiver and is
1349	1349	26 possessed by a bona fide supplier exclusively for transfer
1350	1350
1351	1351
1352	1352
1353	1353
1354	1354
1355	1355	SB1936 - 37 - LRB104 11036 RLC 21118 b
1356	1356
1357	1357
1358	1358	SB1936- 38 -LRB104 11036 RLC 21118 b SB1936 - 38 - LRB104 11036 RLC 21118 b
1359	1359	SB1936 - 38 - LRB104 11036 RLC 21118 b
1360	1360	1 to a federal firearms manufacturer or federal firearms
1361	1361	2 importer, or is possessed by a federal firearms
1362	1362	3 manufacturer or federal firearms importer in compliance
1363	1363	4 with all federal laws and regulations regulating the
1364	1364	5 manufacture and import of firearms; except this exemption
1365	1365	6 does not apply if an unfinished frame or receiver is
1366	1366	7 possessed for transfer or is transferred to a person other
1367	1367	8 than a federal firearms manufacturer or federal firearms
1368	1368	9 importer; or
1369	1369	10 (5) is possessed by a person who received the
1370	1370	11 unserialized unfinished frame or receiver or unserialized
1371	1371	12 firearm through inheritance, and is not otherwise
1372	1372	13 prohibited from possessing the unserialized unfinished
1373	1373	14 frame or receiver or unserialized firearm, for a period
1374	1374	15 not exceeding 30 days after inheriting the unserialized
1375	1375	16 unfinished frame or receiver or unserialized firearm.
1376	1376	17 (i) Penalties.
1377	1377	18 (1) A person who violates subsection (c) or (d) is
1378	1378	19 guilty of a Class A misdemeanor for a first violation and
1379	1379	20 is guilty of a Class 3 felony for a second or subsequent
1380	1380	21 violation.
1381	1381	22 (2) A person who violates subsection (b) is guilty of
1382	1382	23 a Class 2 4 felony for a first violation and is guilty of a
1383	1383	24 Class 1 2 felony for a second or subsequent violation.
1384	1384	25 (Source: P.A. 102-889, eff. 5-18-22; 103-605, eff. 7-1-24.)
1385	1385
1386	1386
1387	1387
1388	1388
1389	1389
1390	1390	SB1936 - 38 - LRB104 11036 RLC 21118 b
1391	1391
1392	1392
1393	1393	SB1936- 39 -LRB104 11036 RLC 21118 b SB1936 - 39 - LRB104 11036 RLC 21118 b
1394	1394	SB1936 - 39 - LRB104 11036 RLC 21118 b
1395	1395	1 Section 10. The Unified Code of Corrections is amended by
1396	1396	2 changing Sections 5-5-3.2 and 5-8-1 as follows:
1397	1397	3 (730 ILCS 5/5-5-3.2)
1398	1398	4 Sec. 5-5-3.2. Factors in aggravation and extended-term
1399	1399	5 sentencing.
1400	1400	6 (a) The following factors shall be accorded weight in
1401	1401	7 favor of imposing a term of imprisonment or may be considered
1402	1402	8 by the court as reasons to impose a more severe sentence under
1403	1403	9 Section 5-8-1 or Article 4.5 of Chapter V:
1404	1404	10 (1) the defendant's conduct caused or threatened
1405	1405	11 serious harm;
1406	1406	12 (2) the defendant received compensation for committing
1407	1407	13 the offense;
1408	1408	14 (3) the defendant has a history of prior delinquency
1409	1409	15 or criminal activity;
1410	1410	16 (4) the defendant, by the duties of his office or by
1411	1411	17 his position, was obliged to prevent the particular
1412	1412	18 offense committed or to bring the offenders committing it
1413	1413	19 to justice;
1414	1414	20 (5) the defendant held public office at the time of
1415	1415	21 the offense, and the offense related to the conduct of
1416	1416	22 that office;
1417	1417	23 (6) the defendant utilized his professional reputation
1418	1418	24 or position in the community to commit the offense, or to
1419	1419	25 afford him an easier means of committing it;
1420	1420
1421	1421
1422	1422
1423	1423
1424	1424
1425	1425	SB1936 - 39 - LRB104 11036 RLC 21118 b
1426	1426
1427	1427
1428	1428	SB1936- 40 -LRB104 11036 RLC 21118 b SB1936 - 40 - LRB104 11036 RLC 21118 b
1429	1429	SB1936 - 40 - LRB104 11036 RLC 21118 b
1430	1430	1 (7) the sentence is necessary to deter others from
1431	1431	2 committing the same crime;
1432	1432	3 (8) the defendant committed the offense against a
1433	1433	4 person 60 years of age or older or such person's property;
1434	1434	5 (9) the defendant committed the offense against a
1435	1435	6 person who has a physical disability or such person's
1436	1436	7 property;
1437	1437	8 (10) by reason of another individual's actual or
1438	1438	9 perceived race, color, creed, religion, ancestry, gender,
1439	1439	10 sexual orientation, physical or mental disability, or
1440	1440	11 national origin, the defendant committed the offense
1441	1441	12 against (i) the person or property of that individual;
1442	1442	13 (ii) the person or property of a person who has an
1443	1443	14 association with, is married to, or has a friendship with
1444	1444	15 the other individual; or (iii) the person or property of a
1445	1445	16 relative (by blood or marriage) of a person described in
1446	1446	17 clause (i) or (ii). For the purposes of this Section,
1447	1447	18 "sexual orientation" has the meaning ascribed to it in
1448	1448	19 paragraph (O-1) of Section 1-103 of the Illinois Human
1449	1449	20 Rights Act;
1450	1450	21 (11) the offense took place in a place of worship or on
1451	1451	22 the grounds of a place of worship, immediately prior to,
1452	1452	23 during or immediately following worship services. For
1453	1453	24 purposes of this subparagraph, "place of worship" shall
1454	1454	25 mean any church, synagogue or other building, structure or
1455	1455	26 place used primarily for religious worship;
1456	1456
1457	1457
1458	1458
1459	1459
1460	1460
1461	1461	SB1936 - 40 - LRB104 11036 RLC 21118 b
1462	1462
1463	1463
1464	1464	SB1936- 41 -LRB104 11036 RLC 21118 b SB1936 - 41 - LRB104 11036 RLC 21118 b
1465	1465	SB1936 - 41 - LRB104 11036 RLC 21118 b
1466	1466	1 (12) the defendant was convicted of a felony committed
1467	1467	2 while he was on pretrial release or his own recognizance
1468	1468	3 pending trial for a prior felony and was convicted of such
1469	1469	4 prior felony, or the defendant was convicted of a felony
1470	1470	5 committed while he was serving a period of probation,
1471	1471	6 conditional discharge, or mandatory supervised release
1472	1472	7 under subsection (d) of Section 5-8-1 for a prior felony;
1473	1473	8 (13) the defendant committed or attempted to commit a
1474	1474	9 felony while he was wearing a bulletproof vest. For the
1475	1475	10 purposes of this paragraph (13), a bulletproof vest is any
1476	1476	11 device which is designed for the purpose of protecting the
1477	1477	12 wearer from bullets, shot or other lethal projectiles;
1478	1478	13 (14) the defendant held a position of trust or
1479	1479	14 supervision such as, but not limited to, family member as
1480	1480	15 defined in Section 11-0.1 of the Criminal Code of 2012,
1481	1481	16 teacher, scout leader, baby sitter, or day care worker, in
1482	1482	17 relation to a victim under 18 years of age, and the
1483	1483	18 defendant committed an offense in violation of Section
1484	1484	19 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
1485	1485	20 11-14.4 except for an offense that involves keeping a
1486	1486	21 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
1487	1487	22 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
1488	1488	23 or 12-16 of the Criminal Code of 1961 or the Criminal Code
1489	1489	24 of 2012 against that victim;
1490	1490	25 (15) the defendant committed an offense related to the
1491	1491	26 activities of an organized gang. For the purposes of this
1492	1492
1493	1493
1494	1494
1495	1495
1496	1496
1497	1497	SB1936 - 41 - LRB104 11036 RLC 21118 b
1498	1498
1499	1499
1500	1500	SB1936- 42 -LRB104 11036 RLC 21118 b SB1936 - 42 - LRB104 11036 RLC 21118 b
1501	1501	SB1936 - 42 - LRB104 11036 RLC 21118 b
1502	1502	1 factor, "organized gang" has the meaning ascribed to it in
1503	1503	2 Section 10 of the Streetgang Terrorism Omnibus Prevention
1504	1504	3 Act;
1505	1505	4 (16) the defendant committed an offense in violation
1506	1506	5 of one of the following Sections while in a school,
1507	1507	6 regardless of the time of day or time of year; on any
1508	1508	7 conveyance owned, leased, or contracted by a school to
1509	1509	8 transport students to or from school or a school related
1510	1510	9 activity; on the real property of a school; or on a public
1511	1511	10 way within 1,000 feet of the real property comprising any
1512	1512	11 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
1513	1513	12 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
1514	1514	13 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
1515	1515	14 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
1516	1516	15 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
1517	1517	16 for subdivision (a)(4) or (g)(1), of the Criminal Code of
1518	1518	17 1961 or the Criminal Code of 2012;
1519	1519	18 (16.5) the defendant committed an offense in violation
1520	1520	19 of one of the following Sections while in a day care
1521	1521	20 center, regardless of the time of day or time of year; on
1522	1522	21 the real property of a day care center, regardless of the
1523	1523	22 time of day or time of year; or on a public way within
1524	1524	23 1,000 feet of the real property comprising any day care
1525	1525	24 center, regardless of the time of day or time of year:
1526	1526	25 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
1527	1527	26 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
1528	1528
1529	1529
1530	1530
1531	1531
1532	1532
1533	1533	SB1936 - 42 - LRB104 11036 RLC 21118 b
1534	1534
1535	1535
1536	1536	SB1936- 43 -LRB104 11036 RLC 21118 b SB1936 - 43 - LRB104 11036 RLC 21118 b
1537	1537	SB1936 - 43 - LRB104 11036 RLC 21118 b
1538	1538	1 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
1539	1539	2 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
1540	1540	3 18-2, or 33A-2, or Section 12-3.05 except for subdivision
1541	1541	4 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
1542	1542	5 Criminal Code of 2012;
1543	1543	6 (17) the defendant committed the offense by reason of
1544	1544	7 any person's activity as a community policing volunteer or
1545	1545	8 to prevent any person from engaging in activity as a
1546	1546	9 community policing volunteer. For the purpose of this
1547	1547	10 Section, "community policing volunteer" has the meaning
1548	1548	11 ascribed to it in Section 2-3.5 of the Criminal Code of
1549	1549	12 2012;
1550	1550	13 (18) the defendant committed the offense in a nursing
1551	1551	14 home or on the real property comprising a nursing home.
1552	1552	15 For the purposes of this paragraph (18), "nursing home"
1553	1553	16 means a skilled nursing or intermediate long term care
1554	1554	17 facility that is subject to license by the Illinois
1555	1555	18 Department of Public Health under the Nursing Home Care
1556	1556	19 Act, the Specialized Mental Health Rehabilitation Act of
1557	1557	20 2013, the ID/DD Community Care Act, or the MC/DD Act;
1558	1558	21 (19) the defendant was a federally licensed firearm
1559	1559	22 dealer and was previously convicted of a violation of
1560	1560	23 subsection (a) of Section 3 of the Firearm Owners
1561	1561	24 Identification Card Act and has now committed either a
1562	1562	25 felony violation of the Firearm Owners Identification Card
1563	1563	26 Act or an act of armed violence while armed with a firearm;
1564	1564
1565	1565
1566	1566
1567	1567
1568	1568
1569	1569	SB1936 - 43 - LRB104 11036 RLC 21118 b
1570	1570
1571	1571
1572	1572	SB1936- 44 -LRB104 11036 RLC 21118 b SB1936 - 44 - LRB104 11036 RLC 21118 b
1573	1573	SB1936 - 44 - LRB104 11036 RLC 21118 b
1574	1574	1 (20) the defendant (i) committed the offense of
1575	1575	2 reckless homicide under Section 9-3 of the Criminal Code
1576	1576	3 of 1961 or the Criminal Code of 2012 or the offense of
1577	1577	4 driving under the influence of alcohol, other drug or
1578	1578	5 drugs, intoxicating compound or compounds or any
1579	1579	6 combination thereof under Section 11-501 of the Illinois
1580	1580	7 Vehicle Code or a similar provision of a local ordinance
1581	1581	8 and (ii) was operating a motor vehicle in excess of 20
1582	1582	9 miles per hour over the posted speed limit as provided in
1583	1583	10 Article VI of Chapter 11 of the Illinois Vehicle Code;
1584	1584	11 (21) the defendant (i) committed the offense of
1585	1585	12 reckless driving or aggravated reckless driving under
1586	1586	13 Section 11-503 of the Illinois Vehicle Code and (ii) was
1587	1587	14 operating a motor vehicle in excess of 20 miles per hour
1588	1588	15 over the posted speed limit as provided in Article VI of
1589	1589	16 Chapter 11 of the Illinois Vehicle Code;
1590	1590	17 (22) the defendant committed the offense against a
1591	1591	18 person that the defendant knew, or reasonably should have
1592	1592	19 known, was a member of the Armed Forces of the United
1593	1593	20 States serving on active duty. For purposes of this clause
1594	1594	21 (22), the term "Armed Forces" means any of the Armed
1595	1595	22 Forces of the United States, including a member of any
1596	1596	23 reserve component thereof or National Guard unit called to
1597	1597	24 active duty;
1598	1598	25 (23) the defendant committed the offense against a
1599	1599	26 person who was elderly or infirm or who was a person with a
1600	1600
1601	1601
1602	1602
1603	1603
1604	1604
1605	1605	SB1936 - 44 - LRB104 11036 RLC 21118 b
1606	1606
1607	1607
1608	1608	SB1936- 45 -LRB104 11036 RLC 21118 b SB1936 - 45 - LRB104 11036 RLC 21118 b
1609	1609	SB1936 - 45 - LRB104 11036 RLC 21118 b
1610	1610	1 disability by taking advantage of a family or fiduciary
1611	1611	2 relationship with the elderly or infirm person or person
1612	1612	3 with a disability;
1613	1613	4 (24) the defendant committed any offense under Section
1614	1614	5 11-20.1 of the Criminal Code of 1961 or the Criminal Code
1615	1615	6 of 2012 and possessed 100 or more images;
1616	1616	7 (25) the defendant committed the offense while the
1617	1617	8 defendant or the victim was in a train, bus, or other
1618	1618	9 vehicle used for public transportation;
1619	1619	10 (26) the defendant committed the offense of child
1620	1620	11 pornography or aggravated child pornography, specifically
1621	1621	12 including paragraph (1), (2), (3), (4), (5), or (7) of
1622	1622	13 subsection (a) of Section 11-20.1 of the Criminal Code of
1623	1623	14 1961 or the Criminal Code of 2012 where a child engaged in,
1624	1624	15 solicited for, depicted in, or posed in any act of sexual
1625	1625	16 penetration or bound, fettered, or subject to sadistic,
1626	1626	17 masochistic, or sadomasochistic abuse in a sexual context
1627	1627	18 and specifically including paragraph (1), (2), (3), (4),
1628	1628	19 (5), or (7) of subsection (a) of Section 11-20.1B or
1629	1629	20 Section 11-20.3 of the Criminal Code of 1961 where a child
1630	1630	21 engaged in, solicited for, depicted in, or posed in any
1631	1631	22 act of sexual penetration or bound, fettered, or subject
1632	1632	23 to sadistic, masochistic, or sadomasochistic abuse in a
1633	1633	24 sexual context;
1634	1634	25 (26.5) the defendant committed the offense of obscene
1635	1635	26 depiction of a purported child, specifically including
1636	1636
1637	1637
1638	1638
1639	1639
1640	1640
1641	1641	SB1936 - 45 - LRB104 11036 RLC 21118 b
1642	1642
1643	1643
1644	1644	SB1936- 46 -LRB104 11036 RLC 21118 b SB1936 - 46 - LRB104 11036 RLC 21118 b
1645	1645	SB1936 - 46 - LRB104 11036 RLC 21118 b
1646	1646	1 paragraph (2) of subsection (b) of Section 11-20.4 of the
1647	1647	2 Criminal Code of 2012 if a child engaged in, solicited
1648	1648	3 for, depicted in, or posed in any act of sexual
1649	1649	4 penetration or bound, fettered, or subject to sadistic,
1650	1650	5 masochistic, or sadomasochistic abuse in a sexual context;
1651	1651	6 (27) the defendant committed the offense of first
1652	1652	7 degree murder, assault, aggravated assault, battery,
1653	1653	8 aggravated battery, robbery, armed robbery, or aggravated
1654	1654	9 robbery against a person who was a veteran and the
1655	1655	10 defendant knew, or reasonably should have known, that the
1656	1656	11 person was a veteran performing duties as a representative
1657	1657	12 of a veterans' organization. For the purposes of this
1658	1658	13 paragraph (27), "veteran" means an Illinois resident who
1659	1659	14 has served as a member of the United States Armed Forces, a
1660	1660	15 member of the Illinois National Guard, or a member of the
1661	1661	16 United States Reserve Forces; and "veterans' organization"
1662	1662	17 means an organization comprised of members of which
1663	1663	18 substantially all are individuals who are veterans or
1664	1664	19 spouses, widows, or widowers of veterans, the primary
1665	1665	20 purpose of which is to promote the welfare of its members
1666	1666	21 and to provide assistance to the general public in such a
1667	1667	22 way as to confer a public benefit;
1668	1668	23 (28) the defendant committed the offense of assault,
1669	1669	24 aggravated assault, battery, aggravated battery, robbery,
1670	1670	25 armed robbery, or aggravated robbery against a person that
1671	1671	26 the defendant knew or reasonably should have known was a
1672	1672
1673	1673
1674	1674
1675	1675
1676	1676
1677	1677	SB1936 - 46 - LRB104 11036 RLC 21118 b
1678	1678
1679	1679
1680	1680	SB1936- 47 -LRB104 11036 RLC 21118 b SB1936 - 47 - LRB104 11036 RLC 21118 b
1681	1681	SB1936 - 47 - LRB104 11036 RLC 21118 b
1682	1682	1 letter carrier or postal worker while that person was
1683	1683	2 performing his or her duties delivering mail for the
1684	1684	3 United States Postal Service;
1685	1685	4 (29) the defendant committed the offense of criminal
1686	1686	5 sexual assault, aggravated criminal sexual assault,
1687	1687	6 criminal sexual abuse, or aggravated criminal sexual abuse
1688	1688	7 against a victim with an intellectual disability, and the
1689	1689	8 defendant holds a position of trust, authority, or
1690	1690	9 supervision in relation to the victim;
1691	1691	10 (30) the defendant committed the offense of promoting
1692	1692	11 juvenile prostitution, patronizing a prostitute, or
1693	1693	12 patronizing a minor engaged in prostitution and at the
1694	1694	13 time of the commission of the offense knew that the
1695	1695	14 prostitute or minor engaged in prostitution was in the
1696	1696	15 custody or guardianship of the Department of Children and
1697	1697	16 Family Services;
1698	1698	17 (31) the defendant (i) committed the offense of
1699	1699	18 driving while under the influence of alcohol, other drug
1700	1700	19 or drugs, intoxicating compound or compounds or any
1701	1701	20 combination thereof in violation of Section 11-501 of the
1702	1702	21 Illinois Vehicle Code or a similar provision of a local
1703	1703	22 ordinance and (ii) the defendant during the commission of
1704	1704	23 the offense was driving his or her vehicle upon a roadway
1705	1705	24 designated for one-way traffic in the opposite direction
1706	1706	25 of the direction indicated by official traffic control
1707	1707	26 devices;
1708	1708
1709	1709
1710	1710
1711	1711
1712	1712
1713	1713	SB1936 - 47 - LRB104 11036 RLC 21118 b
1714	1714
1715	1715
1716	1716	SB1936- 48 -LRB104 11036 RLC 21118 b SB1936 - 48 - LRB104 11036 RLC 21118 b
1717	1717	SB1936 - 48 - LRB104 11036 RLC 21118 b
1718	1718	1 (32) the defendant committed the offense of reckless
1719	1719	2 homicide while committing a violation of Section 11-907 of
1720	1720	3 the Illinois Vehicle Code;
1721	1721	4 (33) the defendant was found guilty of an
1722	1722	5 administrative infraction related to an act or acts of
1723	1723	6 public indecency or sexual misconduct in the penal
1724	1724	7 institution. In this paragraph (33), "penal institution"
1725	1725	8 has the same meaning as in Section 2-14 of the Criminal
1726	1726	9 Code of 2012; or
1727	1727	10 (34) the defendant committed the offense of leaving
1728	1728	11 the scene of a crash in violation of subsection (b) of
1729	1729	12 Section 11-401 of the Illinois Vehicle Code and the crash
1730	1730	13 resulted in the death of a person and at the time of the
1731	1731	14 offense, the defendant was: (i) driving under the
1732	1732	15 influence of alcohol, other drug or drugs, intoxicating
1733	1733	16 compound or compounds or any combination thereof as
1734	1734	17 defined by Section 11-501 of the Illinois Vehicle Code; or
1735	1735	18 (ii) operating the motor vehicle while using an electronic
1736	1736	19 communication device as defined in Section 12-610.2 of the
1737	1737	20 Illinois Vehicle Code.
1738	1738	21 For the purposes of this Section:
1739	1739	22 "School" is defined as a public or private elementary or
1740	1740	23 secondary school, community college, college, or university.
1741	1741	24 "Day care center" means a public or private State
1742	1742	25 certified and licensed day care center as defined in Section
1743	1743	26 2.09 of the Child Care Act of 1969 that displays a sign in
1744	1744
1745	1745
1746	1746
1747	1747
1748	1748
1749	1749	SB1936 - 48 - LRB104 11036 RLC 21118 b
1750	1750
1751	1751
1752	1752	SB1936- 49 -LRB104 11036 RLC 21118 b SB1936 - 49 - LRB104 11036 RLC 21118 b
1753	1753	SB1936 - 49 - LRB104 11036 RLC 21118 b
1754	1754	1 plain view stating that the property is a day care center.
1755	1755	2 "Intellectual disability" means significantly subaverage
1756	1756	3 intellectual functioning which exists concurrently with
1757	1757	4 impairment in adaptive behavior.
1758	1758	5 "Public transportation" means the transportation or
1759	1759	6 conveyance of persons by means available to the general
1760	1760	7 public, and includes paratransit services.
1761	1761	8 "Traffic control devices" means all signs, signals,
1762	1762	9 markings, and devices that conform to the Illinois Manual on
1763	1763	10 Uniform Traffic Control Devices, placed or erected by
1764	1764	11 authority of a public body or official having jurisdiction,
1765	1765	12 for the purpose of regulating, warning, or guiding traffic.
1766	1766	13 (b) The following factors, related to all felonies, may be
1767	1767	14 considered by the court as reasons to impose an extended term
1768	1768	15 sentence under Section 5-8-2 upon any offender:
1769	1769	16 (1) When a defendant is convicted of any felony, after
1770	1770	17 having been previously convicted in Illinois or any other
1771	1771	18 jurisdiction of the same or similar class felony or
1772	1772	19 greater class felony, when such conviction has occurred
1773	1773	20 within 10 years after the previous conviction, excluding
1774	1774	21 time spent in custody, and such charges are separately
1775	1775	22 brought and tried and arise out of different series of
1776	1776	23 acts; or
1777	1777	24 (2) When a defendant is convicted of any felony and
1778	1778	25 the court finds that the offense was accompanied by
1779	1779	26 exceptionally brutal or heinous behavior indicative of
1780	1780
1781	1781
1782	1782
1783	1783
1784	1784
1785	1785	SB1936 - 49 - LRB104 11036 RLC 21118 b
1786	1786
1787	1787
1788	1788	SB1936- 50 -LRB104 11036 RLC 21118 b SB1936 - 50 - LRB104 11036 RLC 21118 b
1789	1789	SB1936 - 50 - LRB104 11036 RLC 21118 b
1790	1790	1 wanton cruelty; or
1791	1791	2 (3) When a defendant is convicted of any felony
1792	1792	3 committed against:
1793	1793	4 (i) a person under 12 years of age at the time of
1794	1794	5 the offense or such person's property;
1795	1795	6 (ii) a person 60 years of age or older at the time
1796	1796	7 of the offense or such person's property; or
1797	1797	8 (iii) a person who had a physical disability at
1798	1798	9 the time of the offense or such person's property; or
1799	1799	10 (4) When a defendant is convicted of any felony and
1800	1800	11 the offense involved any of the following types of
1801	1801	12 specific misconduct committed as part of a ceremony, rite,
1802	1802	13 initiation, observance, performance, practice or activity
1803	1803	14 of any actual or ostensible religious, fraternal, or
1804	1804	15 social group:
1805	1805	16 (i) the brutalizing or torturing of humans or
1806	1806	17 animals;
1807	1807	18 (ii) the theft of human corpses;
1808	1808	19 (iii) the kidnapping of humans;
1809	1809	20 (iv) the desecration of any cemetery, religious,
1810	1810	21 fraternal, business, governmental, educational, or
1811	1811	22 other building or property; or
1812	1812	23 (v) ritualized abuse of a child; or
1813	1813	24 (5) When a defendant is convicted of a felony other
1814	1814	25 than conspiracy and the court finds that the felony was
1815	1815	26 committed under an agreement with 2 or more other persons
1816	1816
1817	1817
1818	1818
1819	1819
1820	1820
1821	1821	SB1936 - 50 - LRB104 11036 RLC 21118 b
1822	1822
1823	1823
1824	1824	SB1936- 51 -LRB104 11036 RLC 21118 b SB1936 - 51 - LRB104 11036 RLC 21118 b
1825	1825	SB1936 - 51 - LRB104 11036 RLC 21118 b
1826	1826	1 to commit that offense and the defendant, with respect to
1827	1827	2 the other individuals, occupied a position of organizer,
1828	1828	3 supervisor, financier, or any other position of management
1829	1829	4 or leadership, and the court further finds that the felony
1830	1830	5 committed was related to or in furtherance of the criminal
1831	1831	6 activities of an organized gang or was motivated by the
1832	1832	7 defendant's leadership in an organized gang; or
1833	1833	8 (6) When a defendant is convicted of an offense
1834	1834	9 committed while using a firearm with a laser sight
1835	1835	10 attached to it. For purposes of this paragraph, "laser
1836	1836	11 sight" has the meaning ascribed to it in Section 26-7 of
1837	1837	12 the Criminal Code of 2012; or
1838	1838	13 (7) When a defendant who was at least 17 years of age
1839	1839	14 at the time of the commission of the offense is convicted
1840	1840	15 of a felony and has been previously adjudicated a
1841	1841	16 delinquent minor under the Juvenile Court Act of 1987 for
1842	1842	17 an act that if committed by an adult would be a Class X or
1843	1843	18 Class 1 felony when the conviction has occurred within 10
1844	1844	19 years after the previous adjudication, excluding time
1845	1845	20 spent in custody; or
1846	1846	21 (8) When a defendant commits any felony and the
1847	1847	22 defendant used, possessed, exercised control over, or
1848	1848	23 otherwise directed an animal to assault a law enforcement
1849	1849	24 officer engaged in the execution of his or her official
1850	1850	25 duties or in furtherance of the criminal activities of an
1851	1851	26 organized gang in which the defendant is engaged; or
1852	1852
1853	1853
1854	1854
1855	1855
1856	1856
1857	1857	SB1936 - 51 - LRB104 11036 RLC 21118 b
1858	1858
1859	1859
1860	1860	SB1936- 52 -LRB104 11036 RLC 21118 b SB1936 - 52 - LRB104 11036 RLC 21118 b
1861	1861	SB1936 - 52 - LRB104 11036 RLC 21118 b
1862	1862	1 (9) When a defendant commits any felony and the
1863	1863	2 defendant knowingly video or audio records the offense
1864	1864	3 with the intent to disseminate the recording.
1865	1865	4 (c) The following factors may be considered by the court
1866	1866	5 as reasons to impose an extended term sentence under Section
1867	1867	6 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
1868	1868	7 offenses:
1869	1869	8 (1) When a defendant is convicted of first degree
1870	1870	9 murder, after having been previously convicted in Illinois
1871	1871	10 of any offense listed under paragraph (c)(2) of Section
1872	1872	11 5-5-3 (730 ILCS 5/5-5-3), when that conviction has
1873	1873	12 occurred within 10 years after the previous conviction,
1874	1874	13 excluding time spent in custody, and the charges are
1875	1875	14 separately brought and tried and arise out of different
1876	1876	15 series of acts.
1877	1877	16 (1.5) When a defendant is convicted of first degree
1878	1878	17 murder, after having been previously convicted of domestic
1879	1879	18 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
1880	1880	19 (720 ILCS 5/12-3.3) committed on the same victim or after
1881	1881	20 having been previously convicted of violation of an order
1882	1882	21 of protection (720 ILCS 5/12-30) in which the same victim
1883	1883	22 was the protected person.
1884	1884	23 (2) When a defendant is convicted of voluntary
1885	1885	24 manslaughter, second degree murder, involuntary
1886	1886	25 manslaughter, or reckless homicide in which the defendant
1887	1887	26 has been convicted of causing the death of more than one
1888	1888
1889	1889
1890	1890
1891	1891
1892	1892
1893	1893	SB1936 - 52 - LRB104 11036 RLC 21118 b
1894	1894
1895	1895
1896	1896	SB1936- 53 -LRB104 11036 RLC 21118 b SB1936 - 53 - LRB104 11036 RLC 21118 b
1897	1897	SB1936 - 53 - LRB104 11036 RLC 21118 b
1898	1898	1 individual.
1899	1899	2 (3) When a defendant is convicted of aggravated
1900	1900	3 criminal sexual assault or criminal sexual assault, when
1901	1901	4 there is a finding that aggravated criminal sexual assault
1902	1902	5 or criminal sexual assault was also committed on the same
1903	1903	6 victim by one or more other individuals, and the defendant
1904	1904	7 voluntarily participated in the crime with the knowledge
1905	1905	8 of the participation of the others in the crime, and the
1906	1906	9 commission of the crime was part of a single course of
1907	1907	10 conduct during which there was no substantial change in
1908	1908	11 the nature of the criminal objective.
1909	1909	12 (4) If the victim was under 18 years of age at the time
1910	1910	13 of the commission of the offense, when a defendant is
1911	1911	14 convicted of aggravated criminal sexual assault or
1912	1912	15 predatory criminal sexual assault of a child under
1913	1913	16 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
1914	1914	17 of Section 12-14.1 of the Criminal Code of 1961 or the
1915	1915	18 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
1916	1916	19 (5) When a defendant is convicted of a felony
1917	1917	20 violation of Section 24-1 of the Criminal Code of 1961 or
1918	1918	21 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
1919	1919	22 finding that the defendant is a member of an organized
1920	1920	23 gang.
1921	1921	24 (6) When a defendant was convicted of unlawful
1922	1922	25 possession of weapons under Section 24-1 of the Criminal
1923	1923	26 Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1)
1924	1924
1925	1925
1926	1926
1927	1927
1928	1928
1929	1929	SB1936 - 53 - LRB104 11036 RLC 21118 b
1930	1930
1931	1931
1932	1932	SB1936- 54 -LRB104 11036 RLC 21118 b SB1936 - 54 - LRB104 11036 RLC 21118 b
1933	1933	SB1936 - 54 - LRB104 11036 RLC 21118 b
1934	1934	1 for possessing a weapon that is not readily
1935	1935	2 distinguishable as one of the weapons enumerated in
1936	1936	3 Section 24-1 of the Criminal Code of 1961 or the Criminal
1937	1937	4 Code of 2012 (720 ILCS 5/24-1).
1938	1938	5 (7) When a defendant is convicted of an offense
1939	1939	6 involving the illegal manufacture of a controlled
1940	1940	7 substance under Section 401 of the Illinois Controlled
1941	1941	8 Substances Act (720 ILCS 570/401), the illegal manufacture
1942	1942	9 of methamphetamine under Section 25 of the Methamphetamine
1943	1943	10 Control and Community Protection Act (720 ILCS 646/25), or
1944	1944	11 the illegal possession of explosives and an emergency
1945	1945	12 response officer in the performance of his or her duties
1946	1946	13 is killed or injured at the scene of the offense while
1947	1947	14 responding to the emergency caused by the commission of
1948	1948	15 the offense. In this paragraph, "emergency" means a
1949	1949	16 situation in which a person's life, health, or safety is
1950	1950	17 in jeopardy; and "emergency response officer" means a
1951	1951	18 peace officer, community policing volunteer, fireman,
1952	1952	19 emergency medical technician-ambulance, emergency medical
1953	1953	20 technician-intermediate, emergency medical
1954	1954	21 technician-paramedic, ambulance driver, other medical
1955	1955	22 assistance or first aid personnel, or hospital emergency
1956	1956	23 room personnel.
1957	1957	24 (8) When the defendant is convicted of attempted mob
1958	1958	25 action, solicitation to commit mob action, or conspiracy
1959	1959	26 to commit mob action under Section 8-1, 8-2, or 8-4 of the
1960	1960
1961	1961
1962	1962
1963	1963
1964	1964
1965	1965	SB1936 - 54 - LRB104 11036 RLC 21118 b
1966	1966
1967	1967
1968	1968	SB1936- 55 -LRB104 11036 RLC 21118 b SB1936 - 55 - LRB104 11036 RLC 21118 b
1969	1969	SB1936 - 55 - LRB104 11036 RLC 21118 b
1970	1970	1 Criminal Code of 2012, where the criminal object is a
1971	1971	2 violation of Section 25-1 of the Criminal Code of 2012,
1972	1972	3 and an electronic communication is used in the commission
1973	1973	4 of the offense. For the purposes of this paragraph (8),
1974	1974	5 "electronic communication" shall have the meaning provided
1975	1975	6 in Section 26.5-0.1 of the Criminal Code of 2012.
1976	1976	7 (9) When a defendant is convicted of unlawful
1977	1977	8 possession of weapons under Section 24-1 or aggravated
1978	1978	9 unlawful possession of a weapon under Section 24-1.6 of
1979	1979	10 the Criminal Code of 2012 and the weapon possessed was a
1980	1980	11 machine gun as defined in subparagraph (i) of paragraph
1981	1981	12 (7) of subsection (a) of Section 24-1 of that Code or was
1982	1982	13 modified or equipped with a forced reset trigger,
1983	1983	14 including an auto-switch or binary switch, or
1984	1984	15 high-capacity magazine.
1985	1985	16 (10) When a defendant is convicted of a violent crime
1986	1986	17 as defined in Section 3 of the Rights of Crime Victims and
1987	1987	18 Witnesses Act and a machine gun, as defined in
1988	1988	19 subparagraph (i) of paragraph (7) of subsection (a) of
1989	1989	20 Section 24-1 of the Criminal Code of 2012, or a firearm
1990	1990	21 that was modified or equipped with a forced reset trigger,
1991	1991	22 including an auto-switch or binary switch or high-capacity
1992	1992	23 magazine was used in the commission of the crime.
1993	1993	24 (11) When a defendant is convicted of unlawful
1994	1994	25 possession of weapons under Section 24-1 of the Criminal
1995	1995	26 Code of 2012 and the weapon possessed is a firearm in which
1996	1996
1997	1997
1998	1998
1999	1999
2000	2000
2001	2001	SB1936 - 55 - LRB104 11036 RLC 21118 b
2002	2002
2003	2003
2004	2004	SB1936- 56 -LRB104 11036 RLC 21118 b SB1936 - 56 - LRB104 11036 RLC 21118 b
2005	2005	SB1936 - 56 - LRB104 11036 RLC 21118 b
2006	2006	1 the frame or receiver of the firearm possessed was not
2007	2007	2 imprinted with a serial number.
2008	2008	3 (12) When a defendant is convicted of a violent crime
2009	2009	4 as defined in Section 3 of the Rights of Crime Victims and
2010	2010	5 Witnesses Act, and a firearm was used in the commission of
2011	2011	6 the offense and the frame or receiver of the firearm
2012	2012	7 possessed was not imprinted with a serial number.
2013	2013	8 (c-1) For the purposes of paragraphs (9) and (10) of
2014	2014	9 subsection (c), the General Assembly finds and declares that
2015	2015	10 machine gun conversion switches present an extraordinary
2016	2016	11 threat to public safety, as they can be readily made using a 3D
2017	2017	12 printer and can quickly turn a firearm into a fully automatic
2018	2018	13 weapon. A firearm equipped with a high-capacity magazine can
2019	2019	14 be said to have significantly more firepower than a
2020	2020	15 semi-automatic firearm because it can fire a significantly
2021	2021	16 larger number of shots without reloading. Additionally, the
2022	2022	17 use of firearms equipped with machine gun switches that allow
2023	2023	18 firearms to fire automatically increases the risk of harm to
2024	2024	19 innocent bystanders. High-capacity magazines that enable
2025	2025	20 individuals to fire numerous rounds without reloading increase
2026	2026	21 the potential for mass casualties. Firearms equipped with such
2027	2027	22 devices pose a greater danger to the community due to the
2028	2028	23 increased frequency with which they are reported to being used
2029	2029	24 in the commission of violent crimes all over the country. By
2030	2030	25 enhancing penalties for use of such firearms, the General
2031	2031	26 Assembly seeks to: reduce the risk of gun violence and mass
2032	2032
2033	2033
2034	2034
2035	2035
2036	2036
2037	2037	SB1936 - 56 - LRB104 11036 RLC 21118 b
2038	2038
2039	2039
2040	2040	SB1936- 57 -LRB104 11036 RLC 21118 b SB1936 - 57 - LRB104 11036 RLC 21118 b
2041	2041	SB1936 - 57 - LRB104 11036 RLC 21118 b
2042	2042	1 casualties; to protect first responders and law enforcement
2043	2043	2 from facing enhanced firepower; and to prevent circumvention
2044	2044	3 of gun safety laws in Illinois; and to reduce the risk of
2045	2045	4 fatalities in shootings.
2046	2046	5 (c-2) For the purposes of paragraphs (11) and (12) of
2047	2047	6 subsection (c), the General Assembly finds and declares that
2048	2048	7 the use of firearms that are not marked with serial numbers
2049	2049	8 poses a greater danger to the community due to the increased
2050	2050	9 frequency with which they are used in the commission of
2051	2051	10 violent crimes and the difficulty of tracing such firearms.
2052	2052	11 Because there is an increased market for these types of
2053	2053	12 weapons for use in the commission of criminal activity,
2054	2054	13 providing for stricter penalties for the possession and use of
2055	2055	14 firearms not marked with serial numbers or "ghost guns" by
2056	2056	15 individuals not authorized to possess or carry any firearms
2057	2057	16 will help deter similar crimes.
2058	2058	17 (d) For the purposes of this Section, "organized gang" has
2059	2059	18 the meaning ascribed to it in Section 10 of the Illinois
2060	2060	19 Streetgang Terrorism Omnibus Prevention Act.
2061	2061	20 (d-1) For the purposes of paragraphs (9) and (10) of
2062	2062	21 subsection (c), "forced reset trigger" and "high-capacity
2063	2063	22 magazine" have the meanings ascribed to them in subparagraphs
2064	2064	23 (i) and (ii-5) of paragraph (7) of subsection (a) of Section
2065	2065	24 24-1 of the Criminal Code of 2012, respectively.
2066	2066	25 (d-2) For the purposes of paragraphs (11) and (12) of
2067	2067	26 subsection (c), firearm" does not include an antique firearm,
2068	2068
2069	2069
2070	2070
2071	2071
2072	2072
2073	2073	SB1936 - 57 - LRB104 11036 RLC 21118 b
2074	2074
2075	2075
2076	2076	SB1936- 58 -LRB104 11036 RLC 21118 b SB1936 - 58 - LRB104 11036 RLC 21118 b
2077	2077	SB1936 - 58 - LRB104 11036 RLC 21118 b
2078	2078	1 as defined in 18 U.S.C. 921(a)(16) or any firearm that was
2079	2079	2 manufactured prior to October 22, 1968.
2080	2080	3 (e) The court may impose an extended term sentence under
2081	2081	4 Article 4.5 of Chapter V upon an offender who has been
2082	2082	5 convicted of a felony violation of Section 11-1.20, 11-1.30,
2083	2083	6 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2084	2084	7 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
2085	2085	8 when the victim of the offense is under 18 years of age at the
2086	2086	9 time of the commission of the offense and, during the
2087	2087	10 commission of the offense, the victim was under the influence
2088	2088	11 of alcohol, regardless of whether or not the alcohol was
2089	2089	12 supplied by the offender; and the offender, at the time of the
2090	2090	13 commission of the offense, knew or should have known that the
2091	2091	14 victim had consumed alcohol.
2092	2092	15 (Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23;
2093	2093	16 103-822, eff. 1-1-25; 103-825, eff. 1-1-25; revised 11-26-24.)
2094	2094	17 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
2095	2095	18 Sec. 5-8-1. Natural life imprisonment; enhancements for
2096	2096	19 use of a firearm; mandatory supervised release terms.
2097	2097	20 (a) Except as otherwise provided in the statute defining
2098	2098	21 the offense or in Article 4.5 of Chapter V, a sentence of
2099	2099	22 imprisonment for a felony shall be a determinate sentence set
2100	2100	23 by the court under this Section, subject to Section 5-4.5-115
2101	2101	24 of this Code, according to the following limitations:
2102	2102	25 (1) for first degree murder,
2103	2103
2104	2104
2105	2105
2106	2106
2107	2107
2108	2108	SB1936 - 58 - LRB104 11036 RLC 21118 b
2109	2109
2110	2110
2111	2111	SB1936- 59 -LRB104 11036 RLC 21118 b SB1936 - 59 - LRB104 11036 RLC 21118 b
2112	2112	SB1936 - 59 - LRB104 11036 RLC 21118 b
2113	2113	1 (a) (blank),
2114	2114	2 (b) if a trier of fact finds beyond a reasonable
2115	2115	3 doubt that the murder was accompanied by exceptionally
2116	2116	4 brutal or heinous behavior indicative of wanton
2117	2117	5 cruelty or, except as set forth in subsection
2118	2118	6 (a)(1)(c) of this Section, that any of the aggravating
2119	2119	7 factors listed in subparagraph (b-5) are present, the
2120	2120	8 court may sentence the defendant, subject to Section
2121	2121	9 5-4.5-105, to a term of natural life imprisonment, or
2122	2122	10 (b-5) a A defendant who at the time of the
2123	2123	11 commission of the offense has attained the age of 18 or
2124	2124	12 more and who has been found guilty of first degree
2125	2125	13 murder may be sentenced to a term of natural life
2126	2126	14 imprisonment if:
2127	2127	15 (1) the murdered individual was an inmate at
2128	2128	16 an institution or facility of the Department of
2129	2129	17 Corrections, or any similar local correctional
2130	2130	18 agency and was killed on the grounds thereof, or
2131	2131	19 the murdered individual was otherwise present in
2132	2132	20 such institution or facility with the knowledge
2133	2133	21 and approval of the chief administrative officer
2134	2134	22 thereof;
2135	2135	23 (2) the murdered individual was killed as a
2136	2136	24 result of the hijacking of an airplane, train,
2137	2137	25 ship, bus, or other public conveyance;
2138	2138	26 (3) the defendant committed the murder
2139	2139
2140	2140
2141	2141
2142	2142
2143	2143
2144	2144	SB1936 - 59 - LRB104 11036 RLC 21118 b
2145	2145
2146	2146
2147	2147	SB1936- 60 -LRB104 11036 RLC 21118 b SB1936 - 60 - LRB104 11036 RLC 21118 b
2148	2148	SB1936 - 60 - LRB104 11036 RLC 21118 b
2149	2149	1 pursuant to a contract, agreement, or
2150	2150	2 understanding by which he or she was to receive
2151	2151	3 money or anything of value in return for
2152	2152	4 committing the murder or procured another to
2153	2153	5 commit the murder for money or anything of value;
2154	2154	6 (4) the murdered individual was killed in the
2155	2155	7 course of another felony if:
2156	2156	8 (A) the murdered individual:
2157	2157	9 (i) was actually killed by the
2158	2158	10 defendant, or
2159	2159	11 (ii) received physical injuries
2160	2160	12 personally inflicted by the defendant
2161	2161	13 substantially contemporaneously with
2162	2162	14 physical injuries caused by one or more
2163	2163	15 persons for whose conduct the defendant is
2164	2164	16 legally accountable under Section 5-2 of
2165	2165	17 this Code, and the physical injuries
2166	2166	18 inflicted by either the defendant or the
2167	2167	19 other person or persons for whose conduct
2168	2168	20 he is legally accountable caused the death
2169	2169	21 of the murdered individual; and (B) in
2170	2170	22 performing the acts which caused the death
2171	2171	23 of the murdered individual or which
2172	2172	24 resulted in physical injuries personally
2173	2173	25 inflicted by the defendant on the murdered
2174	2174	26 individual under the circumstances of
2175	2175
2176	2176
2177	2177
2178	2178
2179	2179
2180	2180	SB1936 - 60 - LRB104 11036 RLC 21118 b
2181	2181
2182	2182
2183	2183	SB1936- 61 -LRB104 11036 RLC 21118 b SB1936 - 61 - LRB104 11036 RLC 21118 b
2184	2184	SB1936 - 61 - LRB104 11036 RLC 21118 b
2185	2185	1 subdivision (ii) of clause (A) of this
2186	2186	2 clause (4), the defendant acted with the
2187	2187	3 intent to kill the murdered individual or
2188	2188	4 with the knowledge that his or her acts
2189	2189	5 created a strong probability of death or
2190	2190	6 great bodily harm to the murdered
2191	2191	7 individual or another; and
2192	2192	8 (B) in performing the acts which caused
2193	2193	9 the death of the murdered individual or which
2194	2194	10 resulted in physical injuries personally
2195	2195	11 inflicted by the defendant on the murdered
2196	2196	12 individual under the circumstances of
2197	2197	13 subdivision (ii) of clause (A) of this clause
2198	2198	14 (4), the defendant acted with the intent to
2199	2199	15 kill the murdered individual or with the
2200	2200	16 knowledge that his or her acts created a
2201	2201	17 strong probability of death or great bodily
2202	2202	18 harm to the murdered individual or another;
2203	2203	19 and
2204	2204	20 (C) the other felony was an inherently
2205	2205	21 violent crime or the attempt to commit an
2206	2206	22 inherently violent crime. In this clause (C),
2207	2207	23 "inherently violent crime" includes, but is
2208	2208	24 not limited to, armed robbery, robbery,
2209	2209	25 predatory criminal sexual assault of a child,
2210	2210	26 aggravated criminal sexual assault, aggravated
2211	2211
2212	2212
2213	2213
2214	2214
2215	2215
2216	2216	SB1936 - 61 - LRB104 11036 RLC 21118 b
2217	2217
2218	2218
2219	2219	SB1936- 62 -LRB104 11036 RLC 21118 b SB1936 - 62 - LRB104 11036 RLC 21118 b
2220	2220	SB1936 - 62 - LRB104 11036 RLC 21118 b
2221	2221	1 kidnapping, aggravated vehicular hijacking,
2222	2222	2 aggravated arson, aggravated stalking,
2223	2223	3 residential burglary, and home invasion;
2224	2224	4 (5) the defendant committed the murder with
2225	2225	5 intent to prevent the murdered individual from
2226	2226	6 testifying or participating in any criminal
2227	2227	7 investigation or prosecution or giving material
2228	2228	8 assistance to the State in any investigation or
2229	2229	9 prosecution, either against the defendant or
2230	2230	10 another; or the defendant committed the murder
2231	2231	11 because the murdered individual was a witness in
2232	2232	12 any prosecution or gave material assistance to the
2233	2233	13 State in any investigation or prosecution, either
2234	2234	14 against the defendant or another; for purposes of
2235	2235	15 this clause (5), "participating in any criminal
2236	2236	16 investigation or prosecution" is intended to
2237	2237	17 include those appearing in the proceedings in any
2238	2238	18 capacity such as trial judges, prosecutors,
2239	2239	19 defense attorneys, investigators, witnesses, or
2240	2240	20 jurors;
2241	2241	21 (6) the defendant, while committing an offense
2242	2242	22 punishable under Section 401, 401.1, 401.2, 405,
2243	2243	23 405.2, 407, or 407.1 or subsection (b) of Section
2244	2244	24 404 of the Illinois Controlled Substances Act, or
2245	2245	25 while engaged in a conspiracy or solicitation to
2246	2246	26 commit such offense, intentionally killed an
2247	2247
2248	2248
2249	2249
2250	2250
2251	2251
2252	2252	SB1936 - 62 - LRB104 11036 RLC 21118 b
2253	2253
2254	2254
2255	2255	SB1936- 63 -LRB104 11036 RLC 21118 b SB1936 - 63 - LRB104 11036 RLC 21118 b
2256	2256	SB1936 - 63 - LRB104 11036 RLC 21118 b
2257	2257	1 individual or counseled, commanded, induced,
2258	2258	2 procured, or caused the intentional killing of the
2259	2259	3 murdered individual;
2260	2260	4 (7) the defendant was incarcerated in an
2261	2261	5 institution or facility of the Department of
2262	2262	6 Corrections at the time of the murder, and while
2263	2263	7 committing an offense punishable as a felony under
2264	2264	8 Illinois law, or while engaged in a conspiracy or
2265	2265	9 solicitation to commit such offense, intentionally
2266	2266	10 killed an individual or counseled, commanded,
2267	2267	11 induced, procured, or caused the intentional
2268	2268	12 killing of the murdered individual;
2269	2269	13 (8) the murder was committed in a cold,
2270	2270	14 calculated and premeditated manner pursuant to a
2271	2271	15 preconceived plan, scheme, or design to take a
2272	2272	16 human life by unlawful means, and the conduct of
2273	2273	17 the defendant created a reasonable expectation
2274	2274	18 that the death of a human being would result
2275	2275	19 therefrom;
2276	2276	20 (9) the defendant was a principal
2277	2277	21 administrator, organizer, or leader of a
2278	2278	22 calculated criminal drug conspiracy consisting of
2279	2279	23 a hierarchical position of authority superior to
2280	2280	24 that of all other members of the conspiracy, and
2281	2281	25 the defendant counseled, commanded, induced,
2282	2282	26 procured, or caused the intentional killing of the
2283	2283
2284	2284
2285	2285
2286	2286
2287	2287
2288	2288	SB1936 - 63 - LRB104 11036 RLC 21118 b
2289	2289
2290	2290
2291	2291	SB1936- 64 -LRB104 11036 RLC 21118 b SB1936 - 64 - LRB104 11036 RLC 21118 b
2292	2292	SB1936 - 64 - LRB104 11036 RLC 21118 b
2293	2293	1 murdered person;
2294	2294	2 (10) the murder was intentional and involved
2295	2295	3 the infliction of torture. For the purpose of this
2296	2296	4 clause (10), torture means the infliction of or
2297	2297	5 subjection to extreme physical pain, motivated by
2298	2298	6 an intent to increase or prolong the pain,
2299	2299	7 suffering, or agony of the victim;
2300	2300	8 (11) the murder was committed as a result of
2301	2301	9 the intentional discharge of a firearm by the
2302	2302	10 defendant from a motor vehicle and the victim was
2303	2303	11 not present within the motor vehicle;
2304	2304	12 (12) the murdered individual was a person with
2305	2305	13 a disability and the defendant knew or should have
2306	2306	14 known that the murdered individual was a person
2307	2307	15 with a disability. For purposes of this clause
2308	2308	16 (12), "person with a disability" means a person
2309	2309	17 who suffers from a permanent physical or mental
2310	2310	18 impairment resulting from disease, an injury, a
2311	2311	19 functional disorder, or a congenital condition
2312	2312	20 that renders the person incapable of adequately
2313	2313	21 providing for his or her own health or personal
2314	2314	22 care;
2315	2315	23 (13) the murdered individual was subject to an
2316	2316	24 order of protection and the murder was committed
2317	2317	25 by a person against whom the same order of
2318	2318	26 protection was issued under the Illinois Domestic
2319	2319
2320	2320
2321	2321
2322	2322
2323	2323
2324	2324	SB1936 - 64 - LRB104 11036 RLC 21118 b
2325	2325
2326	2326
2327	2327	SB1936- 65 -LRB104 11036 RLC 21118 b SB1936 - 65 - LRB104 11036 RLC 21118 b
2328	2328	SB1936 - 65 - LRB104 11036 RLC 21118 b
2329	2329	1 Violence Act of 1986;
2330	2330	2 (14) the murdered individual was known by the
2331	2331	3 defendant to be a teacher or other person employed
2332	2332	4 in any school and the teacher or other employee is
2333	2333	5 upon the grounds of a school or grounds adjacent
2334	2334	6 to a school, or is in any part of a building used
2335	2335	7 for school purposes;
2336	2336	8 (15) the murder was committed by the defendant
2337	2337	9 in connection with or as a result of the offense of
2338	2338	10 terrorism as defined in Section 29D-14.9 of this
2339	2339	11 Code;
2340	2340	12 (16) the murdered individual was a member of a
2341	2341	13 congregation engaged in prayer or other religious
2342	2342	14 activities at a church, synagogue, mosque, or
2343	2343	15 other building, structure, or place used for
2344	2344	16 religious worship; or
2345	2345	17 (17)(i) the murdered individual was a
2346	2346	18 physician, physician assistant, psychologist,
2347	2347	19 nurse, or advanced practice registered nurse;
2348	2348	20 (ii) the defendant knew or should have known
2349	2349	21 that the murdered individual was a physician,
2350	2350	22 physician assistant, psychologist, nurse, or
2351	2351	23 advanced practice registered nurse; and
2352	2352	24 (iii) the murdered individual was killed in
2353	2353	25 the course of acting in his or her capacity as a
2354	2354	26 physician, physician assistant, psychologist,
2355	2355
2356	2356
2357	2357
2358	2358
2359	2359
2360	2360	SB1936 - 65 - LRB104 11036 RLC 21118 b
2361	2361
2362	2362
2363	2363	SB1936- 66 -LRB104 11036 RLC 21118 b SB1936 - 66 - LRB104 11036 RLC 21118 b
2364	2364	SB1936 - 66 - LRB104 11036 RLC 21118 b
2365	2365	1 nurse, or advanced practice registered nurse, or
2366	2366	2 to prevent him or her from acting in that
2367	2367	3 capacity, or in retaliation for his or her acting
2368	2368	4 in that capacity.
2369	2369	5 (c) the court shall sentence the defendant to a
2370	2370	6 term of natural life imprisonment if the defendant, at
2371	2371	7 the time of the commission of the murder, had attained
2372	2372	8 the age of 18, and:
2373	2373	9 (i) has previously been convicted of first
2374	2374	10 degree murder under any state or federal law, or
2375	2375	11 (ii) is found guilty of murdering more than
2376	2376	12 one victim, or
2377	2377	13 (iii) is found guilty of murdering a peace
2378	2378	14 officer, fireman, or emergency management worker
2379	2379	15 when the peace officer, fireman, or emergency
2380	2380	16 management worker was killed in the course of
2381	2381	17 performing his official duties, or to prevent the
2382	2382	18 peace officer or fireman from performing his
2383	2383	19 official duties, or in retaliation for the peace
2384	2384	20 officer, fireman, or emergency management worker
2385	2385	21 from performing his official duties, and the
2386	2386	22 defendant knew or should have known that the
2387	2387	23 murdered individual was a peace officer, fireman,
2388	2388	24 or emergency management worker, or
2389	2389	25 (iv) is found guilty of murdering an employee
2390	2390	26 of an institution or facility of the Department of
2391	2391
2392	2392
2393	2393
2394	2394
2395	2395
2396	2396	SB1936 - 66 - LRB104 11036 RLC 21118 b
2397	2397
2398	2398
2399	2399	SB1936- 67 -LRB104 11036 RLC 21118 b SB1936 - 67 - LRB104 11036 RLC 21118 b
2400	2400	SB1936 - 67 - LRB104 11036 RLC 21118 b
2401	2401	1 Corrections, or any similar local correctional
2402	2402	2 agency, when the employee was killed in the course
2403	2403	3 of performing his official duties, or to prevent
2404	2404	4 the employee from performing his official duties,
2405	2405	5 or in retaliation for the employee performing his
2406	2406	6 official duties, or
2407	2407	7 (v) is found guilty of murdering an emergency
2408	2408	8 medical technician - ambulance, emergency medical
2409	2409	9 technician - intermediate, emergency medical
2410	2410	10 technician - paramedic, ambulance driver, or other
2411	2411	11 medical assistance or first aid person while
2412	2412	12 employed by a municipality or other governmental
2413	2413	13 unit when the person was killed in the course of
2414	2414	14 performing official duties or to prevent the
2415	2415	15 person from performing official duties or in
2416	2416	16 retaliation for performing official duties and the
2417	2417	17 defendant knew or should have known that the
2418	2418	18 murdered individual was an emergency medical
2419	2419	19 technician - ambulance, emergency medical
2420	2420	20 technician - intermediate, emergency medical
2421	2421	21 technician - paramedic, ambulance driver, or other
2422	2422	22 medical assistant or first aid personnel, or
2423	2423	23 (vi) (blank), or
2424	2424	24 (vii) is found guilty of first degree murder
2425	2425	25 and the murder was committed by reason of any
2426	2426	26 person's activity as a community policing
2427	2427
2428	2428
2429	2429
2430	2430
2431	2431
2432	2432	SB1936 - 67 - LRB104 11036 RLC 21118 b
2433	2433
2434	2434
2435	2435	SB1936- 68 -LRB104 11036 RLC 21118 b SB1936 - 68 - LRB104 11036 RLC 21118 b
2436	2436	SB1936 - 68 - LRB104 11036 RLC 21118 b
2437	2437	1 volunteer or to prevent any person from engaging
2438	2438	2 in activity as a community policing volunteer. For
2439	2439	3 the purpose of this Section, "community policing
2440	2440	4 volunteer" has the meaning ascribed to it in
2441	2441	5 Section 2-3.5 of the Criminal Code of 2012.
2442	2442	6 For purposes of clause (v), "emergency medical
2443	2443	7 technician - ambulance", "emergency medical technician -
2444	2444	8 intermediate", and "emergency medical technician -
2445	2445	9 paramedic", have the meanings ascribed to them in the
2446	2446	10 Emergency Medical Services (EMS) Systems Act.
2447	2447	11 (d)(i) if the person committed the offense while
2448	2448	12 armed with a firearm, 15 years shall be added to
2449	2449	13 the term of imprisonment imposed by the court;
2450	2450	14 (ii) if, during the commission of the offense, the
2451	2451	15 person personally discharged a firearm, 20 years shall
2452	2452	16 be added to the term of imprisonment imposed by the
2453	2453	17 court;
2454	2454	18 (iii) if, during the commission of the offense,
2455	2455	19 the person personally discharged a firearm that
2456	2456	20 proximately caused great bodily harm, permanent
2457	2457	21 disability, permanent disfigurement, or death to
2458	2458	22 another person, 25 years or up to a term of natural
2459	2459	23 life shall be added to the term of imprisonment
2460	2460	24 imposed by the court.
2461	2461	25 (e) if the firearm used to commit the offense in
2462	2462	26 subsection (d) was outfitted with parts designed or
2463	2463
2464	2464
2465	2465
2466	2466
2467	2467
2468	2468	SB1936 - 68 - LRB104 11036 RLC 21118 b
2469	2469
2470	2470
2471	2471	SB1936- 69 -LRB104 11036 RLC 21118 b SB1936 - 69 - LRB104 11036 RLC 21118 b
2472	2472	SB1936 - 69 - LRB104 11036 RLC 21118 b
2473	2473	1 intended for use in converting any weapon into a
2474	2474	2 machine gun or a high-capacity magazine, 5 consecutive
2475	2475	3 years shall be added on to the years added by
2476	2476	4 subsection (d). As used in this subsection, "machine
2477	2477	5 gun" and "high-capacity magazine" have the meanings
2478	2478	6 ascribed to them in subparagraph (7) of subsection (a)
2479	2479	7 of Section 24-1 of the Criminal Code of 2012.
2480	2480	8 (2) (blank);
2481	2481	9 (2.5) for a person who has attained the age of 18 years
2482	2482	10 at the time of the commission of the offense and who is
2483	2483	11 convicted under the circumstances described in subdivision
2484	2484	12 (b)(1)(B) of Section 11-1.20 or paragraph (3) of
2485	2485	13 subsection (b) of Section 12-13, subdivision (d)(2) of
2486	2486	14 Section 11-1.30 or paragraph (2) of subsection (d) of
2487	2487	15 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
2488	2488	16 paragraph (1.2) of subsection (b) of Section 12-14.1,
2489	2489	17 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
2490	2490	18 subsection (b) of Section 12-14.1 of the Criminal Code of
2491	2491	19 1961 or the Criminal Code of 2012, the sentence shall be a
2492	2492	20 term of natural life imprisonment.
2493	2493	21 (b) (Blank).
2494	2494	22 (c) (Blank).
2495	2495	23 (d) Subject to earlier termination under Section 3-3-8,
2496	2496	24 the parole or mandatory supervised release term shall be
2497	2497	25 written as part of the sentencing order and shall be as
2498	2498	26 follows:
2499	2499
2500	2500
2501	2501
2502	2502
2503	2503
2504	2504	SB1936 - 69 - LRB104 11036 RLC 21118 b
2505	2505
2506	2506
2507	2507	SB1936- 70 -LRB104 11036 RLC 21118 b SB1936 - 70 - LRB104 11036 RLC 21118 b
2508	2508	SB1936 - 70 - LRB104 11036 RLC 21118 b
2509	2509	1 (1) for first degree murder or for the offenses of
2510	2510	2 predatory criminal sexual assault of a child, aggravated
2511	2511	3 criminal sexual assault, and criminal sexual assault if
2512	2512	4 committed on or before December 12, 2005, 3 years;
2513	2513	5 (1.5) except as provided in paragraph (7) of this
2514	2514	6 subsection (d), for a Class X felony except for the
2515	2515	7 offenses of predatory criminal sexual assault of a child,
2516	2516	8 aggravated criminal sexual assault, and criminal sexual
2517	2517	9 assault if committed on or after December 13, 2005 (the
2518	2518	10 effective date of Public Act 94-715) and except for the
2519	2519	11 offense of aggravated child pornography under Section
2520	2520	12 11-20.1B, 11-20.3, or 11-20.1 with sentencing under
2521	2521	13 subsection (c-5) of Section 11-20.1 of the Criminal Code
2522	2522	14 of 1961 or the Criminal Code of 2012, if committed on or
2523	2523	15 after January 1, 2009, and except for the offense of
2524	2524	16 obscene depiction of a purported child with sentencing
2525	2525	17 under subsection (d) of Section 11-20.4 of the Criminal
2526	2526	18 Code of 2012, 18 months;
2527	2527	19 (2) except as provided in paragraph (7) of this
2528	2528	20 subsection (d), for a Class 1 felony or a Class 2 felony
2529	2529	21 except for the offense of criminal sexual assault if
2530	2530	22 committed on or after December 13, 2005 (the effective
2531	2531	23 date of Public Act 94-715) and except for the offenses of
2532	2532	24 manufacture and dissemination of child pornography under
2533	2533	25 clauses (a)(1) and (a)(2) of Section 11-20.1 of the
2534	2534	26 Criminal Code of 1961 or the Criminal Code of 2012, if
2535	2535
2536	2536
2537	2537
2538	2538
2539	2539
2540	2540	SB1936 - 70 - LRB104 11036 RLC 21118 b
2541	2541
2542	2542
2543	2543	SB1936- 71 -LRB104 11036 RLC 21118 b SB1936 - 71 - LRB104 11036 RLC 21118 b
2544	2544	SB1936 - 71 - LRB104 11036 RLC 21118 b
2545	2545	1 committed on or after January 1, 2009, and except for the
2546	2546	2 offense of obscene depiction of a purported child under
2547	2547	3 paragraph (2) of subsection (b) of Section 11-20.4 of the
2548	2548	4 Criminal Code of 2012, 12 months;
2549	2549	5 (3) except as provided in paragraph (4), (6), or (7)
2550	2550	6 of this subsection (d), for a Class 3 felony or a Class 4
2551	2551	7 felony, 6 months; no later than 45 days after the onset of
2552	2552	8 the term of mandatory supervised release, the Prisoner
2553	2553	9 Review Board shall conduct a discretionary discharge
2554	2554	10 review pursuant to the provisions of Section 3-3-8, which
2555	2555	11 shall include the results of a standardized risk and needs
2556	2556	12 assessment tool administered by the Department of
2557	2557	13 Corrections; the changes to this paragraph (3) made by
2558	2558	14 Public Act 102-1104 this amendatory Act of the 102nd
2559	2559	15 General Assembly apply to all individuals released on
2560	2560	16 mandatory supervised release on or after December 6, 2022
2561	2561	17 (the effective date of Public Act 102-1104) this
2562	2562	18 amendatory Act of the 102nd General Assembly, including
2563	2563	19 those individuals whose sentences were imposed prior to
2564	2564	20 December 6, 2022 (the effective date of Public Act
2565	2565	21 102-1104) this amendatory Act of the 102nd General
2566	2566	22 Assembly;
2567	2567	23 (4) for defendants who commit the offense of predatory
2568	2568	24 criminal sexual assault of a child, aggravated criminal
2569	2569	25 sexual assault, or criminal sexual assault, on or after
2570	2570	26 December 13, 2005 (the effective date of Public Act
2571	2571
2572	2572
2573	2573
2574	2574
2575	2575
2576	2576	SB1936 - 71 - LRB104 11036 RLC 21118 b
2577	2577
2578	2578
2579	2579	SB1936- 72 -LRB104 11036 RLC 21118 b SB1936 - 72 - LRB104 11036 RLC 21118 b
2580	2580	SB1936 - 72 - LRB104 11036 RLC 21118 b
2581	2581	1 94-715), or who commit the offense of aggravated child
2582	2582	2 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2583	2583	3 with sentencing under subsection (c-5) of Section 11-20.1
2584	2584	4 of the Criminal Code of 1961 or the Criminal Code of 2012,
2585	2585	5 manufacture of child pornography, or dissemination of
2586	2586	6 child pornography after January 1, 2009, or who commit the
2587	2587	7 offense of obscene depiction of a purported child under
2588	2588	8 paragraph (2) of subsection (b) of Section 11-20.4 of the
2589	2589	9 Criminal Code of 2012 or who commit the offense of obscene
2590	2590	10 depiction of a purported child with sentencing under
2591	2591	11 subsection (d) of Section 11-20.4 of the Criminal Code of
2592	2592	12 2012, the term of mandatory supervised release shall range
2593	2593	13 from a minimum of 3 years to a maximum of the natural life
2594	2594	14 of the defendant;
2595	2595	15 (5) if the victim is under 18 years of age, for a
2596	2596	16 second or subsequent offense of aggravated criminal sexual
2597	2597	17 abuse or felony criminal sexual abuse, 4 years, at least
2598	2598	18 the first 2 years of which the defendant shall serve in an
2599	2599	19 electronic monitoring or home detention program under
2600	2600	20 Article 8A of Chapter V of this Code;
2601	2601	21 (6) for a felony domestic battery, aggravated domestic
2602	2602	22 battery, stalking, aggravated stalking, and a felony
2603	2603	23 violation of an order of protection, 4 years;
2604	2604	24 (7) for any felony described in paragraph (a)(2)(ii),
2605	2605	25 (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
2606	2606	26 (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
2607	2607
2608	2608
2609	2609
2610	2610
2611	2611
2612	2612	SB1936 - 72 - LRB104 11036 RLC 21118 b
2613	2613
2614	2614
2615	2615	SB1936- 73 -LRB104 11036 RLC 21118 b SB1936 - 73 - LRB104 11036 RLC 21118 b
2616	2616	SB1936 - 73 - LRB104 11036 RLC 21118 b
2617	2617	1 3-6-3 of the Unified Code of Corrections requiring an
2618	2618	2 inmate to serve a minimum of 85% of their court-imposed
2619	2619	3 sentence, except for the offenses of predatory criminal
2620	2620	4 sexual assault of a child, aggravated criminal sexual
2621	2621	5 assault, and criminal sexual assault if committed on or
2622	2622	6 after December 13, 2005 (the effective date of Public Act
2623	2623	7 94-715) and except for the offense of aggravated child
2624	2624	8 pornography under Section 11-20.1B, 11-20.3, or 11-20.1
2625	2625	9 with sentencing under subsection (c-5) of Section 11-20.1
2626	2626	10 of the Criminal Code of 1961 or the Criminal Code of 2012,
2627	2627	11 if committed on or after January 1, 2009, and except for
2628	2628	12 the offense of obscene depiction of a purported child with
2629	2629	13 sentencing under subsection (d) of Section 11-20.4 of the
2630	2630	14 Criminal Code of 2012, and except as provided in paragraph
2631	2631	15 (4) or paragraph (6) of this subsection (d), the term of
2632	2632	16 mandatory supervised release shall be as follows:
2633	2633	17 (A) Class X felony, 3 years;
2634	2634	18 (B) Class 1 or Class 2 felonies, 2 years;
2635	2635	19 (C) Class 3 or Class 4 felonies, 1 year.
2636	2636	20 (e) (Blank).
2637	2637	21 (f) (Blank).
2638	2638	22 (g) Notwithstanding any other provisions of this Act and
2639	2639	23 of Public Act 101-652: (i) the provisions of paragraph (3) of
2640	2640	24 subsection (d) are effective on July 1, 2022 and shall apply to
2641	2641	25 all individuals convicted on or after the effective date of
2642	2642	26 paragraph (3) of subsection (d); and (ii) the provisions of
2643	2643
2644	2644
2645	2645
2646	2646
2647	2647
2648	2648	SB1936 - 73 - LRB104 11036 RLC 21118 b
2649	2649
2650	2650
2651	2651	SB1936- 74 -LRB104 11036 RLC 21118 b SB1936 - 74 - LRB104 11036 RLC 21118 b
2652	2652	SB1936 - 74 - LRB104 11036 RLC 21118 b
2653	2653	1 paragraphs (1.5) and (2) of subsection (d) are effective on
2654	2654	2 July 1, 2021 and shall apply to all individuals convicted on or
2655	2655	3 after the effective date of paragraphs (1.5) and (2) of
2656	2656	4 subsection (d).
2657	2657	5 (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21;
2658	2658	6 102-694, eff. 1-7-22; 102-1104, eff. 12-6-22; 103-51, eff.
2659	2659	7 1-1-24; 103-825, eff. 1-1-25; revised 10-24-24.)
2660	2660	SB1936- 75 -LRB104 11036 RLC 21118 b 1 INDEX 2 Statutes amended in order of appearance SB1936- 75 -LRB104 11036 RLC 21118 b SB1936 - 75 - LRB104 11036 RLC 21118 b 1 INDEX 2 Statutes amended in order of appearance
2661	2661	SB1936- 75 -LRB104 11036 RLC 21118 b SB1936 - 75 - LRB104 11036 RLC 21118 b
2662	2662	SB1936 - 75 - LRB104 11036 RLC 21118 b
2663	2663	1 INDEX
2664	2664	2 Statutes amended in order of appearance
2665	2665
2666	2666
2667	2667
2668	2668
2669	2669
2670	2670	SB1936 - 74 - LRB104 11036 RLC 21118 b
2671	2671
2672	2672
2673	2673
2674	2674	SB1936- 75 -LRB104 11036 RLC 21118 b SB1936 - 75 - LRB104 11036 RLC 21118 b
2675	2675	SB1936 - 75 - LRB104 11036 RLC 21118 b
2676	2676	1 INDEX
2677	2677	2 Statutes amended in order of appearance
2678	2678
2679	2679
2680	2680
2681	2681
2682	2682
2683	2683	SB1936 - 75 - LRB104 11036 RLC 21118 b