SB1842 EngrossedLRB100 09933 RLC 20104 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Sections 10-2, 12-2, 12-3.05, and 24-1 as follows:




6 (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)



7 Sec. 10-2. Aggravated kidnaping. 

8 (a) A person commits the offense of
aggravated kidnaping 
9when he or she commits kidnapping and:

10  (1) kidnaps with the intent to obtain ransom from the 
11 person
kidnaped or from any other person;

12  (2) takes as his or her victim a child under the age of 
13 13 years, or a person with a severe or profound 
14 intellectual disability;

15  (3) inflicts great bodily harm, other than by the 
16 discharge of a
firearm, or commits another felony upon his 
17 or her
victim;

18  (4) affixes or manipulates a mask, cloth, or garment in 
19 order to conceal his or her identity wears a hood, robe, or 
20 mask or conceals his or her identity;

21  (5) commits the offense of kidnaping while armed with a 
22 dangerous
weapon, other than a firearm, as defined in 
23 Section 33A-1 of this
Code;

 
 
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1  (6) commits the offense of kidnaping while armed with a 
2 firearm;

3  (7) during the commission of the offense of kidnaping, 
4 personally
discharges a firearm; or

5  (8) during the commission of the offense of kidnaping, 
6 personally discharges
a firearm that proximately causes 
7 great bodily harm, permanent
disability, permanent 
8 disfigurement, or death to another person.

9 As used in this Section, "ransom" includes money, benefit, 
10or other
valuable thing or concession.

11 (b) Sentence. Aggravated kidnaping
in violation of 
12paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a 
13Class X felony.
A violation of subsection (a)(6) is a Class X 
14felony for which 15 years
shall be added to the term of 
15imprisonment imposed by the court. A violation of
subsection 
16(a)(7) is a Class X felony for which 20 years shall be added to 
17the
term of imprisonment imposed by the court. A violation of 
18subsection (a)(8) is
a Class X felony for which 25 years or up 
19to a term of natural life shall be
added to the term of 
20imprisonment imposed by the court. An offender under the age of 
2118 years at the time of the commission of aggravated kidnaping 
22in violation of paragraphs (1) through (8) of subsection (a) 
23shall be sentenced under Section 5-4.5-105 of the Unified Code 
24of Corrections.

25 A person who has attained the age of 18 years at the time 
26of the commission of the offense and who is convicted of a 
 
 
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1second or subsequent offense of
aggravated kidnaping shall be 
2sentenced to a term of natural life imprisonment; except
that a 
3sentence of natural life imprisonment shall not be
imposed 
4under this Section unless the second or subsequent offense was

5committed after conviction on the first offense. An offender 
6under the age of 18 years at the time of the commission of the 
7second or subsequent offense shall be sentenced under Section 
85-4.5-105 of the Unified Code of Corrections. 

9(Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, 
10eff. 7-28-16.)





11 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)


12 Sec. 12-2. Aggravated assault. 

13 (a) Offense based on location of conduct. A person commits 
14aggravated assault when he or she commits an assault against an 
15individual who is on or about a public way, public property, a 
16public place of accommodation or amusement, or a sports venue.
17 (b) Offense based on status of victim. A person commits 
18aggravated assault when, in committing an assault, he or she 
19knows the individual assaulted to be any of the following:
20  (1) A person with a physical disability or a person 60 
21 years of age or older and the assault is without legal 
22 justification.
23  (2) A teacher or school employee upon school grounds or 
24 grounds adjacent to a school or in any part of a building 
25 used for school purposes.
 
 
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1  (3) A park district employee upon park grounds or 
2 grounds adjacent to a park or in any part of a building 
3 used for park purposes.
4  (4) A community policing volunteer, private security 
5 officer, or utility worker:
6   (i) performing his or her official duties;
7   (ii) assaulted to prevent performance of his or her 
8 official duties; or
9   (iii) assaulted in retaliation for performing his 
10 or her official duties.
11  (4.1) A peace officer, fireman, emergency management 
12 worker, or emergency medical services personnel:
13   (i) performing his or her official duties;
14   (ii) assaulted to prevent performance of his or her 
15 official duties; or
16   (iii) assaulted in retaliation for performing his 
17 or her official duties. 
18  (5) A correctional officer or probation officer:
19   (i) performing his or her official duties;
20   (ii) assaulted to prevent performance of his or her 
21 official duties; or
22   (iii) assaulted in retaliation for performing his 
23 or her official duties.
24  (6) A correctional institution employee, a county 
25 juvenile detention center employee who provides direct and 
26 continuous supervision of residents of a juvenile 
 
 
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1 detention center, including a county juvenile detention 
2 center employee who supervises recreational activity for 
3 residents of a juvenile detention center, or a Department 
4 of Human Services employee, Department of Human Services 
5 officer, or employee of a subcontractor of the Department 
6 of Human Services supervising or controlling sexually 
7 dangerous persons or sexually violent persons:
8   (i) performing his or her official duties;
9   (ii) assaulted to prevent performance of his or her 
10 official duties; or
11   (iii) assaulted in retaliation for performing his 
12 or her official duties.
13  (7) An employee of the State of Illinois, a municipal 
14 corporation therein, or a political subdivision thereof, 
15 performing his or her official duties.
16  (8) A transit employee performing his or her official 
17 duties, or a transit passenger.
18  (9) A sports official or coach actively participating 
19 in any level of athletic competition within a sports venue, 
20 on an indoor playing field or outdoor playing field, or 
21 within the immediate vicinity of such a facility or field.
22  (10) A person authorized to serve process under Section 
23 2-202 of the Code of Civil Procedure or a special process 
24 server appointed by the circuit court, while that 
25 individual is in the performance of his or her duties as a 
26 process server. 
 
 
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1 (c) Offense based on use of firearm, device, or motor 
2vehicle. A person commits aggravated assault when, in 
3committing an assault, he or she does any of the following:
4  (1) Uses a deadly weapon, an air rifle as defined in 
5 Section 24.8-0.1 of this Act, or any device manufactured 
6 and designed to be substantially similar in appearance to a 
7 firearm, other than by discharging a firearm.
8  (2) Discharges a firearm, other than from a motor 
9 vehicle.
10  (3) Discharges a firearm from a motor vehicle.
11  (4) Affixes or manipulates a mask, cloth, or garment in 
12 order to conceal his or her identity Wears a hood, robe, or 
13 mask to conceal his or her identity.
14  (5) Knowingly and without lawful justification shines 
15 or flashes a laser gun sight or other laser device attached 
16 to a firearm, or used in concert with a firearm, so that 
17 the laser beam strikes near or in the immediate vicinity of 
18 any person.
19  (6) Uses a firearm, other than by discharging the 
20 firearm, against a peace officer, community policing 
21 volunteer, fireman, private security officer, emergency 
22 management worker, emergency medical services personnel, 
23 employee of a police department, employee of a sheriff's 
24 department, or traffic control municipal employee:
25   (i) performing his or her official duties;
26   (ii) assaulted to prevent performance of his or her 
 
 
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1 official duties; or
2   (iii) assaulted in retaliation for performing his 
3 or her official duties. 
4  (7) Without justification operates a motor vehicle in a 
5 manner which places a person, other than a person listed in 
6 subdivision (b)(4), in reasonable apprehension of being 
7 struck by the moving motor vehicle.
8  (8) Without justification operates a motor vehicle in a 
9 manner which places a person listed in subdivision (b)(4), 
10 in reasonable apprehension of being struck by the moving 
11 motor vehicle. 
12  (9) Knowingly video or audio records the offense with 
13 the intent to disseminate the recording. 
14 (d) Sentence. Aggravated assault as defined in subdivision 
15(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), 
16(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that 
17aggravated assault as defined in subdivision (b)(4) and (b)(7) 
18is a Class 4 felony if a Category I, Category II, or Category 
19III weapon is used in the commission of the assault. Aggravated 
20assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), 
21(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. 
22Aggravated assault as defined in subdivision (c)(3) or (c)(8) 
23is a Class 3 felony.
24 (e) For the purposes of this Section, "Category I weapon", 
25"Category II weapon, and "Category III weapon" have the 
26meanings ascribed to those terms in Section 33A-1 of this Code. 

 
 
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1(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, 
2eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; 
399-816, eff. 8-15-16.)



4 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



5 Sec. 12-3.05. Aggravated battery. 

6 (a) Offense based on injury. A person commits aggravated 
7battery when, in committing a battery, other than by the 
8discharge of a firearm, he or she knowingly does any of the 
9following:
10  (1) Causes great bodily harm or permanent disability or 
11 disfigurement.
12  (2) Causes severe and permanent disability, great 
13 bodily harm, or disfigurement by means of a caustic or 
14 flammable substance, a poisonous gas, a deadly biological 
15 or chemical contaminant or agent, a radioactive substance, 
16 or a bomb or explosive compound.
17  (3) Causes great bodily harm or permanent disability or 
18 disfigurement to an individual whom the person knows to be 
19 a peace officer, community policing volunteer, fireman, 
20 private security officer, correctional institution 
21 employee, or Department of Human Services employee 
22 supervising or controlling sexually dangerous persons or 
23 sexually violent persons:
24   (i) performing his or her official duties;
25   (ii) battered to prevent performance of his or her 
 
 
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1 official duties; or
2   (iii) battered in retaliation for performing his 
3 or her official duties.
4  (4) Causes great bodily harm or permanent disability or 
5 disfigurement to an individual 60 years of age or older.
6  (5) Strangles another individual. 
7 (b) Offense based on injury to a child or person with an 
8intellectual disability. A person who is at least 18 years of 
9age commits aggravated battery when, in committing a battery, 
10he or she knowingly and without legal justification by any 
11means:
12  (1) causes great bodily harm or permanent disability or 
13 disfigurement to any child under the age of 13 years, or to 
14 any person with a severe or profound intellectual 
15 disability; or
16  (2) causes bodily harm or disability or disfigurement 
17 to any child under the age of 13 years or to any person 
18 with a severe or profound intellectual disability. 
19 (c) Offense based on location of conduct. A person commits 
20aggravated battery when, in committing a battery, other than by 
21the discharge of a firearm, he or she is or the person battered 
22is on or about a public way, public property, a public place of 
23accommodation or amusement, a sports venue, or a domestic 
24violence shelter.
25 (d) Offense based on status of victim. A person commits 
26aggravated battery when, in committing a battery, other than by 
 
 
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1discharge of a firearm, he or she knows the individual battered 
2to be any of the following:
3  (1) A person 60 years of age or older.
4  (2) A person who is pregnant or has a physical 
5 disability.
6  (3) A teacher or school employee upon school grounds or 
7 grounds adjacent to a school or in any part of a building 
8 used for school purposes.
9  (4) A peace officer, community policing volunteer, 
10 fireman, private security officer, correctional 
11 institution employee, or Department of Human Services 
12 employee supervising or controlling sexually dangerous 
13 persons or sexually violent persons:
14   (i) performing his or her official duties;
15   (ii) battered to prevent performance of his or her 
16 official duties; or
17   (iii) battered in retaliation for performing his 
18 or her official duties.
19  (5) A judge, emergency management worker, emergency 
20 medical services personnel, or utility worker:
21   (i) performing his or her official duties;
22   (ii) battered to prevent performance of his or her 
23 official duties; or
24   (iii) battered in retaliation for performing his 
25 or her official duties.
26  (6) An officer or employee of the State of Illinois, a 
 
 
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1 unit of local government, or a school district, while 
2 performing his or her official duties.
3  (7) A transit employee performing his or her official 
4 duties, or a transit passenger.
5  (8) A taxi driver on duty.
6  (9) A merchant who detains the person for an alleged 
7 commission of retail theft under Section 16-26 of this Code 
8 and the person without legal justification by any means 
9 causes bodily harm to the merchant.
10  (10) A person authorized to serve process under Section 
11 2-202 of the Code of Civil Procedure or a special process 
12 server appointed by the circuit court while that individual 
13 is in the performance of his or her duties as a process 
14 server.
15  (11) A nurse while in the performance of his or her 
16 duties as a nurse. 
17 (e) Offense based on use of a firearm. A person commits 
18aggravated battery when, in committing a battery, he or she 
19knowingly does any of the following:
20  (1) Discharges a firearm, other than a machine gun or a 
21 firearm equipped with a silencer, and causes any injury to 
22 another person.
23  (2) Discharges a firearm, other than a machine gun or a 
24 firearm equipped with a silencer, and causes any injury to 
25 a person he or she knows to be a peace officer, community 
26 policing volunteer, person summoned by a police officer, 
 
 
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1 fireman, private security officer, correctional 
2 institution employee, or emergency management worker:
3   (i) performing his or her official duties;
4   (ii) battered to prevent performance of his or her 
5 official duties; or
6   (iii) battered in retaliation for performing his 
7 or her official duties.
8  (3) Discharges a firearm, other than a machine gun or a 
9 firearm equipped with a silencer, and causes any injury to 
10 a person he or she knows to be emergency medical services 
11 personnel:
12   (i) performing his or her official duties;
13   (ii) battered to prevent performance of his or her 
14 official duties; or
15   (iii) battered in retaliation for performing his 
16 or her official duties.
17  (4) Discharges a firearm and causes any injury to a 
18 person he or she knows to be a teacher, a student in a 
19 school, or a school employee, and the teacher, student, or 
20 employee is upon school grounds or grounds adjacent to a 
21 school or in any part of a building used for school 
22 purposes.
23  (5) Discharges a machine gun or a firearm equipped with 
24 a silencer, and causes any injury to another person.
25  (6) Discharges a machine gun or a firearm equipped with 
26 a silencer, and causes any injury to a person he or she 
 
 
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1 knows to be a peace officer, community policing volunteer, 
2 person summoned by a police officer, fireman, private 
3 security officer, correctional institution employee or 
4 emergency management worker:
5   (i) performing his or her official duties;
6   (ii) battered to prevent performance of his or her 
7 official duties; or
8   (iii) battered in retaliation for performing his 
9 or her official duties.
10  (7) Discharges a machine gun or a firearm equipped with 
11 a silencer, and causes any injury to a person he or she 
12 knows to be emergency medical services personnel:
13   (i) performing his or her official duties;
14   (ii) battered to prevent performance of his or her 
15 official duties; or
16   (iii) battered in retaliation for performing his 
17 or her official duties.
18  (8) Discharges a machine gun or a firearm equipped with 
19 a silencer, and causes any injury to a person he or she 
20 knows to be a teacher, or a student in a school, or a 
21 school employee, and the teacher, student, or employee is 
22 upon school grounds or grounds adjacent to a school or in 
23 any part of a building used for school purposes. 
24 (f) Offense based on use of a weapon or device. A person 
25commits aggravated battery when, in committing a battery, he or 
26she does any of the following:
 
 
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1  (1) Uses a deadly weapon other than by discharge of a 
2 firearm, or uses an air rifle as defined in Section 
3 24.8-0.1 of this Code.
4  (2) Affixes or manipulates a mask, cloth, or garment in 
5 order to conceal his or her identity Wears a hood, robe, or 
6 mask to conceal his or her identity.
7  (3) Knowingly and without lawful justification shines 
8 or flashes a laser gunsight or other laser device attached 
9 to a firearm, or used in concert with a firearm, so that 
10 the laser beam strikes upon or against the person of 
11 another.
12  (4) Knowingly video or audio records the offense with 
13 the intent to disseminate the recording. 
14 (g) Offense based on certain conduct. A person commits 
15aggravated battery when, other than by discharge of a firearm, 
16he or she does any of the following:
17  (1) Violates Section 401 of the Illinois Controlled 
18 Substances Act by unlawfully delivering a controlled 
19 substance to another and any user experiences great bodily 
20 harm or permanent disability as a result of the injection, 
21 inhalation, or ingestion of any amount of the controlled 
22 substance.
23  (2) Knowingly administers to an individual or causes 
24 him or her to take, without his or her consent or by threat 
25 or deception, and for other than medical purposes, any 
26 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
 
 
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1 or controlled substance, or gives to another person any 
2 food containing any substance or object intended to cause 
3 physical injury if eaten.
4  (3) Knowingly causes or attempts to cause a 
5 correctional institution employee or Department of Human 
6 Services employee to come into contact with blood, seminal 
7 fluid, urine, or feces by throwing, tossing, or expelling 
8 the fluid or material, and the person is an inmate of a 
9 penal institution or is a sexually dangerous person or 
10 sexually violent person in the custody of the Department of 
11 Human Services.
12 (h) Sentence. Unless otherwise provided, aggravated 
13battery is a Class 3 felony.
14 Aggravated battery as defined in subdivision (a)(4), 
15(d)(4), or (g)(3) is a Class 2 felony.
16 Aggravated battery as defined in subdivision (a)(3) or 
17(g)(1) is a Class 1 felony.
18 Aggravated battery as defined in subdivision (a)(1) is a 
19Class 1 felony when the aggravated battery was intentional and 
20involved the infliction of torture, as defined in paragraph 
21(14) of subsection (b) of Section 9-1 of this Code, as the 
22infliction of or subjection to extreme physical pain, motivated 
23by an intent to increase or prolong the pain, suffering, or 
24agony of the victim. 
25 Aggravated battery under subdivision (a)(5) is a
Class 1 
26felony if:
 
 
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1  (A) the person used or attempted to use a dangerous

2 instrument while committing the offense; or
3  (B) the person caused great bodily harm or
permanent 
4 disability or disfigurement to the other
person while 
5 committing the offense; or
6  (C) the person has been previously convicted of a

7 violation of subdivision (a)(5) under the laws of this

8 State or laws similar to subdivision (a)(5) of any other

9 state. 
10 Aggravated battery as defined in subdivision (e)(1) is a 
11Class X felony.
12 Aggravated battery as defined in subdivision (a)(2) is a 
13Class X felony for which a person shall be sentenced to a term 
14of imprisonment of a minimum of 6 years and a maximum of 45 
15years.
16 Aggravated battery as defined in subdivision (e)(5) is a 
17Class X felony for which a person shall be sentenced to a term 
18of imprisonment of a minimum of 12 years and a maximum of 45 
19years.
20 Aggravated battery as defined in subdivision (e)(2), 
21(e)(3), or (e)(4) is a Class X felony for which a person shall 
22be sentenced to a term of imprisonment of a minimum of 15 years 
23and a maximum of 60 years.
24 Aggravated battery as defined in subdivision (e)(6), 
25(e)(7), or (e)(8) is a Class X felony for which a person shall 
26be sentenced to a term of imprisonment of a minimum of 20 years 
 
 
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1and a maximum of 60 years.
2 Aggravated battery as defined in subdivision (b)(1) is a 
3Class X felony, except that:
4  (1) if the person committed the offense while armed 
5 with a firearm, 15 years shall be added to the term of 
6 imprisonment imposed by the court;
7  (2) if, during the commission of the offense, the 
8 person personally discharged a firearm, 20 years shall be 
9 added to the term of imprisonment imposed by the court;
10  (3) if, during the commission of the offense, the 
11 person personally discharged a firearm that proximately 
12 caused great bodily harm, permanent disability, permanent 
13 disfigurement, or death to another person, 25 years or up 
14 to a term of natural life shall be added to the term of 
15 imprisonment imposed by the court.
16 (i) Definitions. For the purposes of this Section:
17 "Building or other structure used to provide shelter" has 
18the meaning ascribed to "shelter" in Section 1 of the Domestic 
19Violence Shelters Act.
20 "Domestic violence" has the meaning ascribed to it in 
21Section 103 of the Illinois Domestic Violence Act of 1986.
22 "Domestic violence shelter" means any building or other 
23structure used to provide shelter or other services to victims 
24or to the dependent children of victims of domestic violence 
25pursuant to the Illinois Domestic Violence Act of 1986 or the 
26Domestic Violence Shelters Act, or any place within 500 feet of 
 
 
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1such a building or other structure in the case of a person who 
2is going to or from such a building or other structure.
3 "Firearm" has the meaning provided under Section 1.1
of the 
4Firearm Owners Identification Card Act, and does
not include an 
5air rifle as defined by Section 24.8-0.1 of this Code. 
6 "Machine gun" has the meaning ascribed to it in Section 
724-1 of this Code.
8 "Merchant" has the meaning ascribed to it in Section 16-0.1 
9of this Code. 
10 "Strangle" means
intentionally impeding the normal 
11breathing or circulation of the blood of an individual by 
12applying pressure on the throat
or neck of that individual or 
13by blocking the nose or mouth of
that individual. 

14(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, 
15eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)





16 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


17 Sec. 24-1. Unlawful use of weapons. 

18 (a) A person commits the offense of unlawful use of weapons 
19when
he knowingly:

20  (1) Sells, manufactures, purchases, possesses or 
21 carries any bludgeon,
black-jack, slung-shot, sand-club, 
22 sand-bag, metal knuckles or other knuckle weapon 
23 regardless of its composition, throwing star,
or any knife, 
24 commonly referred to as a switchblade knife, which has a

25 blade that opens automatically by hand pressure applied to 
 
 
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1 a button,
spring or other device in the handle of the 
2 knife, or a ballistic knife,
which is a device that propels 
3 a knifelike blade as a projectile by means
of a coil 
4 spring, elastic material or compressed gas; or

5  (2) Carries or possesses with intent to use the same 
6 unlawfully
against another, a dagger, dirk, billy, 
7 dangerous knife, razor,
stiletto, broken bottle or other 
8 piece of glass, stun gun or taser or
any other dangerous or 
9 deadly weapon or instrument of like character; or

10  (3) Carries on or about his person or in any vehicle, a 
11 tear gas gun
projector or bomb or any object containing 
12 noxious liquid gas or
substance, other than an object 
13 containing a non-lethal noxious liquid gas
or substance 
14 designed solely for personal defense carried by a person 18

15 years of age or older; or

16  (4) Carries or possesses in any vehicle or concealed on 
17 or about his
person except when on his land or in his own 
18 abode, legal dwelling, or fixed place of
business, or on 
19 the land or in the legal dwelling of another person as an 
20 invitee with that person's permission, any pistol, 
21 revolver, stun gun or taser or other firearm, except
that

22 this subsection (a) (4) does not apply to or affect 
23 transportation of weapons
that meet one of the following 
24 conditions:

25   (i) are broken down in a non-functioning state; or

26   (ii) are not immediately accessible; or

 
 
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1   (iii) are unloaded and enclosed in a case, firearm 
2 carrying box,
shipping box, or other container by a 
3 person who has been issued a currently
valid Firearm 
4 Owner's
Identification Card; or
5   (iv) are carried or possessed in accordance with 
6 the Firearm Concealed Carry Act by a person who has 
7 been issued a currently valid license under the Firearm 
8 Concealed Carry Act; or 

9  (5) Sets a spring gun; or

10  (6) Possesses any device or attachment of any kind 
11 designed, used or
intended for use in silencing the report 
12 of any firearm; or

13  (7) Sells, manufactures, purchases, possesses or 
14 carries:

15   (i) a machine gun, which shall be defined for the 
16 purposes of this
subsection as any weapon,
which 
17 shoots, is designed to shoot, or can be readily 
18 restored to shoot,
automatically more than one shot 
19 without manually reloading by a single
function of the 
20 trigger, including the frame or receiver
of any such 
21 weapon, or sells, manufactures, purchases, possesses, 
22 or
carries any combination of parts designed or 
23 intended for
use in converting any weapon into a 
24 machine gun, or any combination or
parts from which a 
25 machine gun can be assembled if such parts are in the

26 possession or under the control of a person;

 
 
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1   (ii) any rifle having one or
more barrels less than 
2 16 inches in length or a shotgun having one or more

3 barrels less than 18 inches in length or any weapon 
4 made from a rifle or
shotgun, whether by alteration, 
5 modification, or otherwise, if such a weapon
as 
6 modified has an overall length of less than 26 inches; 
7 or

8   (iii) any
bomb, bomb-shell, grenade, bottle or 
9 other container containing an
explosive substance of 
10 over one-quarter ounce for like purposes, such
as, but 
11 not limited to, black powder bombs and Molotov 
12 cocktails or
artillery projectiles; or

13  (8) Carries or possesses any firearm, stun gun or taser 
14 or other
deadly weapon in any place which is licensed to 
15 sell intoxicating
beverages, or at any public gathering 
16 held pursuant to a license issued
by any governmental body 
17 or any public gathering at which an admission
is charged, 
18 excluding a place where a showing, demonstration or lecture

19 involving the exhibition of unloaded firearms is 
20 conducted.

21  This subsection (a)(8) does not apply to any auction or 
22 raffle of a firearm
held pursuant to
a license or permit 
23 issued by a governmental body, nor does it apply to persons

24 engaged
in firearm safety training courses; or

25  (9) Carries or possesses in a vehicle or on or about 
26 his person any
pistol, revolver, stun gun or taser or 
 
 
SB1842 Engrossed- 22 -LRB100 09933 RLC 20104 b


1 firearm or ballistic knife, when
he or she affixes or 
2 manipulates a mask, cloth, or garment in order to conceal 
3 his or her identity is hooded, robed or masked in such 
4 manner as to conceal his identity; or

5  (10) Carries or possesses on or about his person, upon 
6 any public street,
alley, or other public lands within the 
7 corporate limits of a city, village
or incorporated town, 
8 except when an invitee thereon or therein, for the
purpose 
9 of the display of such weapon or the lawful commerce in 
10 weapons, or
except when on his land or in his own abode, 
11 legal dwelling, or fixed place of business, or on the land 
12 or in the legal dwelling of another person as an invitee 
13 with that person's permission, any
pistol, revolver, stun 
14 gun or taser or other firearm, except that this
subsection 
15 (a) (10) does not apply to or affect transportation of 
16 weapons that
meet one of the following conditions:

17   (i) are broken down in a non-functioning state; or

18   (ii) are not immediately accessible; or

19   (iii) are unloaded and enclosed in a case, firearm 
20 carrying box,
shipping box, or other container by a 
21 person who has been issued a currently
valid Firearm 
22 Owner's
Identification Card; or

23   (iv) are carried or possessed in accordance with 
24 the Firearm Concealed Carry Act by a person who has 
25 been issued a currently valid license under the Firearm 
26 Concealed Carry Act. 
 
 
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1  A "stun gun or taser", as used in this paragraph (a) 
2 means (i) any device
which is powered by electrical 
3 charging units, such as, batteries, and
which fires one or 
4 several barbs attached to a length of wire and
which, upon 
5 hitting a human, can send out a current capable of 
6 disrupting
the person's nervous system in such a manner as 
7 to render him incapable of
normal functioning or (ii) any 
8 device which is powered by electrical
charging units, such 
9 as batteries, and which, upon contact with a human or

10 clothing worn by a human, can send out current capable of 
11 disrupting
the person's nervous system in such a manner as 
12 to render him incapable
of normal functioning; or

13  (11) Sells, manufactures or purchases any explosive 
14 bullet. For purposes
of this paragraph (a) "explosive 
15 bullet" means the projectile portion of
an ammunition 
16 cartridge which contains or carries an explosive charge 
17 which
will explode upon contact with the flesh of a human 
18 or an animal.
"Cartridge" means a tubular metal case having 
19 a projectile affixed at the
front thereof and a cap or 
20 primer at the rear end thereof, with the
propellant 
21 contained in such tube between the projectile and the cap; 
22 or

23  (12) (Blank); or

24  (13) Carries or possesses on or about his or her person 
25 while in a building occupied by a unit of government, a 
26 billy club, other weapon of like character, or other 
 
 
SB1842 Engrossed- 24 -LRB100 09933 RLC 20104 b


1 instrument of like character intended for use as a weapon. 
2 For the purposes of this Section, "billy club" means a 
3 short stick or club commonly carried by police officers 
4 which is either telescopic or constructed of a solid piece 
5 of wood or other man-made material. 
6 (b) Sentence. A person convicted of a violation of 
7subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

8subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
9Class A
misdemeanor.
A person convicted of a violation of 
10subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
11person
convicted of a violation of subsection 24-1(a)(6) or 
1224-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
13convicted of a violation of subsection
24-1(a)(7)(i) commits a 
14Class 2 felony and shall be sentenced to a term of imprisonment 
15of not less than 3 years and not more than 7 years, unless the 
16weapon is possessed in the
passenger compartment of a motor 
17vehicle as defined in Section 1-146 of the
Illinois Vehicle 
18Code, or on the person, while the weapon is loaded, in which

19case it shall be a Class X felony. A person convicted of a

20second or subsequent violation of subsection 24-1(a)(4), 
2124-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
22felony. The possession of each weapon in violation of this 
23Section constitutes a single and separate violation.

24 (c) Violations in specific places.

25  (1) A person who violates subsection 24-1(a)(6) or 
26 24-1(a)(7) in any
school, regardless of the time of day or 
 
 
SB1842 Engrossed- 25 -LRB100 09933 RLC 20104 b


1 the time of year, in residential
property owned, operated 
2 or managed by a public housing agency or
leased by
a public 
3 housing agency as part of a scattered site or mixed-income

4 development, in a
public park, in a courthouse, on the real 
5 property comprising any school,
regardless of the
time of 
6 day or the time of year, on residential property owned, 
7 operated
or
managed by a public housing agency
or leased by 
8 a public housing agency as part of a scattered site or

9 mixed-income development,
on the real property comprising 
10 any
public park, on the real property comprising any 
11 courthouse, in any conveyance
owned, leased or contracted 
12 by a school to
transport students to or from school or a 
13 school related activity, in any conveyance
owned, leased, 
14 or contracted by a public transportation agency, or on any

15 public way within 1,000 feet of the real property 
16 comprising any school,
public park, courthouse, public 
17 transportation facility, or residential property owned, 
18 operated, or managed
by a public housing agency
or leased 
19 by a public housing agency as part of a scattered site or

20 mixed-income development
commits a Class 2 felony and shall 
21 be sentenced to a term of imprisonment of not less than 3 
22 years and not more than 7 years.

23  (1.5) A person who violates subsection 24-1(a)(4), 
24 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
25 time of day or the time of year,
in residential property 
26 owned, operated, or managed by a public
housing
agency
or 
 
 
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1 leased by a public housing agency as part of a scattered 
2 site or
mixed-income development,
in
a public
park, in a 
3 courthouse, on the real property comprising any school, 
4 regardless
of the time of day or the time of year, on 
5 residential property owned,
operated, or managed by a 
6 public housing agency
or leased by a public housing agency 
7 as part of a scattered site or
mixed-income development,
on 
8 the real property
comprising any public park, on the real 
9 property comprising any courthouse, in
any conveyance 
10 owned, leased, or contracted by a school to transport 
11 students
to or from school or a school related activity, in 
12 any conveyance
owned, leased, or contracted by a public 
13 transportation agency, or on any public way within
1,000 
14 feet of the real property comprising any school, public 
15 park, courthouse,
public transportation facility, or 
16 residential property owned, operated, or managed by a 
17 public
housing agency
or leased by a public housing agency 
18 as part of a scattered site or
mixed-income development

19 commits a Class 3 felony.

20  (2) A person who violates subsection 24-1(a)(1), 
21 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
22 time of day or the time of year, in
residential property 
23 owned, operated or managed by a public housing
agency
or 
24 leased by a public housing agency as part of a scattered 
25 site or
mixed-income development,
in
a public park, in a 
26 courthouse, on the real property comprising any school,

 
 
SB1842 Engrossed- 27 -LRB100 09933 RLC 20104 b


1 regardless of the time of day or the time of year, on 
2 residential property
owned, operated or managed by a public 
3 housing agency
or leased by a public housing agency as part 
4 of a scattered site or
mixed-income development,
on the 
5 real property
comprising any public park, on the real 
6 property comprising any courthouse, in
any conveyance 
7 owned, leased or contracted by a school to transport 
8 students
to or from school or a school related activity, in 
9 any conveyance
owned, leased, or contracted by a public 
10 transportation agency, or on any public way within
1,000 
11 feet of the real property comprising any school, public 
12 park, courthouse,
public transportation facility, or 
13 residential property owned, operated, or managed by a 
14 public
housing agency or leased by a public housing agency 
15 as part of a scattered
site or mixed-income development 
16 commits a Class 4 felony. "Courthouse"
means any building 
17 that is used by the Circuit, Appellate, or Supreme Court of

18 this State for the conduct of official business.

19  (3) Paragraphs (1), (1.5), and (2) of this subsection 
20 (c) shall not
apply to law
enforcement officers or security 
21 officers of such school, college, or
university or to 
22 students carrying or possessing firearms for use in 
23 training
courses, parades, hunting, target shooting on 
24 school ranges, or otherwise with
the consent of school 
25 authorities and which firearms are transported unloaded

26 enclosed in a suitable case, box, or transportation 
 
 
SB1842 Engrossed- 28 -LRB100 09933 RLC 20104 b


1 package.

2  (4) For the purposes of this subsection (c), "school" 
3 means any public or
private elementary or secondary school, 
4 community college, college, or
university.

5  (5) For the purposes of this subsection (c), "public 
6 transportation agency" means a public or private agency 
7 that provides for the transportation or conveyance of

8 persons by means available to the general public, except 
9 for transportation
by automobiles not used for conveyance 
10 of the general public as passengers; and "public 
11 transportation facility" means a terminal or other place

12 where one may obtain public transportation.

13 (d) The presence in an automobile other than a public 
14omnibus of any
weapon, instrument or substance referred to in 
15subsection (a)(7) is
prima facie evidence that it is in the 
16possession of, and is being
carried by, all persons occupying 
17such automobile at the time such
weapon, instrument or 
18substance is found, except under the following
circumstances: 
19(i) if such weapon, instrument or instrumentality is
found upon 
20the person of one of the occupants therein; or (ii) if such

21weapon, instrument or substance is found in an automobile 
22operated for
hire by a duly licensed driver in the due, lawful 
23and proper pursuit of
his trade, then such presumption shall 
24not apply to the driver.

25 (e) Exemptions. Crossbows, Common or Compound bows and 
26Underwater
Spearguns are exempted from the definition of 
 
 
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1ballistic knife as defined in
paragraph (1) of subsection (a) 
2of this Section.

3(Source: P.A. 99-29, eff. 7-10-15.)



4 Section 99. Effective date. This Act takes effect upon 
5becoming law.