Bill Text: IL HB2794 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Creates the criminal offense of the manufacture, possession, use of fire bombs, explosive materials, devices, or hoax explosive devices. Makes it a Class 3 felony to knowingly possess materials with which a fire bomb, explosive material, or device can be made with the intent to manufacture a fire bomb, explosive material, or device, and to manufacture, transport, distribute, possess, or use a fire bomb, explosive material, or device. Makes it a Class 4 felony to construct, use, place, send, or cause to be sent any hoax explosive device so as to intentionally cause another person to believe that the device is a bomb or explosive. Provides exemptions. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-03-04 - Tabled [HB2794 Detail]

Download: Illinois-2015-HB2794-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB2794 Introduced , by Rep. Adam Brown SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-2.3 new
Amends the Criminal Code of 2012. Creates the criminal offense of the manufacture, possession, use of fire bombs, explosive materials, devices, or hoax explosive devices. Makes it a Class 3 felony to knowingly possess materials with which a fire bomb, explosive material, or device can be made with the intent to manufacture a fire bomb, explosive material, or device, and to manufacture, transport, distribute, possess, or use a fire bomb, explosive material, or device. Makes it a Class 4 felony to construct, use, place, send, or cause to be sent any hoax explosive device so as to intentionally cause another person to believe that the device is a bomb or explosive. Provides exemptions. Effective immediately.
LRB099 07772 RLC 27905 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 24-2.3 as follows:
(720 ILCS 5/24-2.3 new)
Sec. 24-2.3. Manufacture, possession, use of fire bombs,
explosive materials, devices, or hoax explosive devices.
(a) For the purpose of this Section:
"Device" means any instrument, apparatus or contrivance,
including its component parts, that is capable of producing or
intended to produce an explosion but does not include fireworks
as defined in Section 2 of the Fireworks Regulation Act of
Illinois.
"Explosive material" means any chemical compound,
mechanical mixture or device that is commonly used or can be
used for the purpose of producing an explosion and which
contains any oxidizing and combustive agents or other
ingredients in the proportions, quantities or packaging that an
ignition by fire, friction, concussion, percussion, detonation
or by any part of the compound or mixture may cause a sudden
generation of highly heated gases. These materials include, but
are not limited to, gunpowder, powders for blasting, high

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explosives, blasting materials, fuses (other than electric
circuit breakers), detonators, and other detonating agents and
smokeless powder.
"Fire bomb" means any container of a flammable material
such as gasoline, kerosene, fuel oil, or other chemical
compound, having a wick composed of any material or a device or
other substance which, if set or ignited, is capable of
igniting the flammable material or chemical compound but does
not include a similar device commercially manufactured and used
solely for the purpose of illumination or cooking.
"Hoax explosive device" means any device which by its
design, construction, content, or characteristics appears to
be or to contain a bomb or other destructive device or
explosive but which is an imitation of any device or explosive.
(b) A person commits manufacture, possession, use of fire
bombs, explosive materials, devices, or hoax explosive devices
when he or she knowingly:
(1) possesses materials with which a fire bomb,
explosive material, or device can be made with the intent
to manufacture a fire bomb, explosive material, or device;
(2) manufactures, transports, distributes, possesses,
or uses a fire bomb, explosive material, or device; or
(3) constructs, uses, places, sends, or causes to be
sent any hoax explosive device so as to intentionally cause
another person to believe that the device is a bomb or
explosive.

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(c) Nothing in this Section shall prohibit:
(1) the authorized manufacture, transportation,
distribution, use or possession of any material,
substance, or device by a member of the armed forces of the
United States, fire fighters, or law-enforcement officers;
(2) the manufacture, transportation, distribution,
use, or possession of any material, substance, or device to
be used solely for scientific research, educational
purposes, or for any lawful purpose, subject to the
provisions of the Fireworks Regulation Act of Illinois and
the Pyrotechnic Use Act; or
(3) the lawful manufacture of ammunition by a person
for his or her own lawful use.
(d) Sentence. A violation of paragraph (1) or (2) of
subsection (b) is a Class 3 felony which, if imprisonment is
imposed, shall not exceed 10 years. A violation of paragraph
(3) of subsection (b) is a Class 4 felony which, if
imprisonment is imposed, shall not exceed 5 years.
Section 99. Effective date. This Act takes effect upon
becoming law.