Rep. Brandon W. Phelps

Filed: 5/25/2016

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1 AMENDMENT TO SENATE BILL 206

2 AMENDMENT NO. ______. Amend Senate Bill 206 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The Wildlife Code is amended by changing

5 Section 2.33 as follows:

6 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)

7 Sec. 2.33. Prohibitions.

8 (a) It is unlawful to carry or possess any gun in any State

9 refuge unless otherwise permitted by administrative rule.

10 (b) It is unlawful to use or possess any snare or

11 snare-like device, deadfall, net, or pit trap to take any

12 species, except that snares not powered by springs or other

13 mechanical devices may be used to trap fur-bearing mammals, in

14 water sets only, if at least one-half of the snare noose is

15 located underwater at all times.

16 (c) It is unlawful for any person at any time to take a

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1 wild mammal protected by this Act from its den by means of any

2 mechanical device, spade, or digging device or to use smoke or

3 other gases to dislodge or remove such mammal except as

4 provided in Section 2.37.

5 (d) It is unlawful to use a ferret or any other small

6 mammal which is used in the same or similar manner for which

7 ferrets are used for the purpose of frightening or driving any

8 mammals from their dens or hiding places.

9 (e) (Blank).

10 (f) It is unlawful to use spears, gigs, hooks or any like

11 device to take any species protected by this Act.

12 (g) It is unlawful to use poisons, chemicals or explosives

13 for the purpose of taking any species protected by this Act.

14 (h) It is unlawful to hunt adjacent to or near any peat,

15 grass, brush or other inflammable substance when it is burning.

16 (i) It is unlawful to take, pursue or intentionally harass

17 or disturb in any manner any wild birds or mammals by use or

18 aid of any vehicle or conveyance, except as permitted by the

19 Code of Federal Regulations for the taking of waterfowl. It is

20 also unlawful to use the lights of any vehicle or conveyance or

21 any light from or any light connected to the vehicle or

22 conveyance in any area where wildlife may be found except in

23 accordance with Section 2.37 of this Act; however, nothing in

24 this Section shall prohibit the normal use of headlamps for the

25 purpose of driving upon a roadway. Striped skunk, opossum, red

26 fox, gray fox, raccoon, bobcat, and coyote may be taken during

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1 the open season by use of a small light which is worn on the

2 body or hand-held by a person on foot and not in any vehicle.

3 (j) It is unlawful to use any shotgun larger than 10 gauge

4 while taking or attempting to take any of the species protected

5 by this Act.

6 (k) It is unlawful to use or possess in the field any

7 shotgun shell loaded with a shot size larger than lead BB or

8 steel T (.20 diameter) when taking or attempting to take any

9 species of wild game mammals (excluding white-tailed deer),

10 wild game birds, migratory waterfowl or migratory game birds

11 protected by this Act, except white-tailed deer as provided for

12 in Section 2.26 and other species as provided for by subsection

13 (l) or administrative rule.

14 (l) It is unlawful to take any species of wild game, except

15 white-tailed deer and fur-bearing mammals, with a shotgun

16 loaded with slugs unless otherwise provided for by

17 administrative rule.

18 (m) It is unlawful to use any shotgun capable of holding

19 more than 3 shells in the magazine or chamber combined, except

20 on game breeding and hunting preserve areas licensed under

21 Section 3.27 and except as permitted by the Code of Federal

22 Regulations for the taking of waterfowl. If the shotgun is

23 capable of holding more than 3 shells, it shall, while being

24 used on an area other than a game breeding and shooting

25 preserve area licensed pursuant to Section 3.27, be fitted with

26 a one piece plug that is irremovable without dismantling the

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1 shotgun or otherwise altered to render it incapable of holding

2 more than 3 shells in the magazine and chamber, combined.

3 (n) It is unlawful for any person, except persons who

4 possess a permit to hunt from a vehicle as provided in this

5 Section and persons otherwise permitted by law, to have or

6 carry any gun in or on any vehicle, conveyance or aircraft,

7 unless such gun is unloaded and enclosed in a case, except that

8 at field trials authorized by Section 2.34 of this Act,

9 unloaded guns or guns loaded with blank cartridges only, may be

10 carried on horseback while not contained in a case, or to have

11 or carry any bow or arrow device in or on any vehicle unless

12 such bow or arrow device is unstrung or enclosed in a case, or

13 otherwise made inoperable.

14 (o) It is unlawful to use any crossbow for the purpose of

15 taking any wild birds or mammals, except as provided for in

16 Section 2.5.

17 (p) It is unlawful to take game birds, migratory game birds

18 or migratory waterfowl with a rifle, pistol, revolver or

19 airgun.

20 (q) It is unlawful to fire a rifle, pistol, revolver or

21 airgun on, over or into any waters of this State, including

22 frozen waters.

23 (r) It is unlawful to discharge any gun or bow and arrow

24 device along, upon, across, or from any public right-of-way or

25 highway in this State.

26 (s) (Blank) ~~It is unlawful to use a silencer or other~~

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1 ~~device to muffle or mute the sound of the explosion or report~~

2 ~~resulting from the firing of any gun~~.

3 (t) It is unlawful for any person to take or attempt to

4 take any species of wildlife or parts thereof, intentionally or

5 wantonly allow a dog to hunt, within or upon the land of

6 another, or upon waters flowing over or standing on the land of

7 another, or to knowingly shoot a gun or bow and arrow device at

8 any wildlife physically on or flying over the property of

9 another without first obtaining permission from the owner or

10 the owner's designee. For the purposes of this Section, the

11 owner's designee means anyone who the owner designates in a

12 written authorization and the authorization must contain (i)

13 the legal or common description of property for such authority

14 is given, (ii) the extent that the owner's designee is

15 authorized to make decisions regarding who is allowed to take

16 or attempt to take any species of wildlife or parts thereof,

17 and (iii) the owner's notarized signature. Before enforcing

18 this Section the law enforcement officer must have received

19 notice from the owner or the owner's designee of a violation of

20 this Section. Statements made to the law enforcement officer

21 regarding this notice shall not be rendered inadmissible by the

22 hearsay rule when offered for the purpose of showing the

23 required notice.

24 (u) It is unlawful for any person to discharge any firearm

25 for the purpose of taking any of the species protected by this

26 Act, or hunt with gun or dog, or intentionally or wantonly

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1 allow a dog to hunt, within 300 yards of an inhabited dwelling

2 without first obtaining permission from the owner or tenant,

3 except that while trapping, hunting with bow and arrow, hunting

4 with dog and shotgun using shot shells only, or hunting with

5 shotgun using shot shells only, or providing outfitting

6 services under a waterfowl outfitter permit, or on licensed

7 game breeding and hunting preserve areas, as defined in Section

8 3.27, on federally owned and managed lands and on Department

9 owned, managed, leased, or controlled lands, a 100 yard

10 restriction shall apply.

11 (v) It is unlawful for any person to remove fur-bearing

12 mammals from, or to move or disturb in any manner, the traps

13 owned by another person without written authorization of the

14 owner to do so.

15 (w) It is unlawful for any owner of a dog to knowingly or

16 wantonly allow his or her dog to pursue, harass or kill deer,

17 except that nothing in this Section shall prohibit the tracking

18 of wounded deer with a dog in accordance with the provisions of

19 Section 2.26 of this Code.

20 (x) It is unlawful for any person to wantonly or carelessly

21 injure or destroy, in any manner whatsoever, any real or

22 personal property on the land of another while engaged in

23 hunting or trapping thereon.

24 (y) It is unlawful to hunt wild game protected by this Act

25 between one half hour after sunset and one half hour before

26 sunrise, except that hunting hours between one half hour after

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1 sunset and one half hour before sunrise may be established by

2 administrative rule for fur-bearing mammals.

3 (z) It is unlawful to take any game bird (excluding wild

4 turkeys and crippled pheasants not capable of normal flight and

5 otherwise irretrievable) protected by this Act when not flying.

6 Nothing in this Section shall prohibit a person from carrying

7 an uncased, unloaded shotgun in a boat, while in pursuit of a

8 crippled migratory waterfowl that is incapable of normal

9 flight, for the purpose of attempting to reduce the migratory

10 waterfowl to possession, provided that the attempt is made

11 immediately upon downing the migratory waterfowl and is done

12 within 400 yards of the blind from which the migratory

13 waterfowl was downed. This exception shall apply only to

14 migratory game birds that are not capable of normal flight.

15 Migratory waterfowl that are crippled may be taken only with a

16 shotgun as regulated by subsection (j) of this Section using

17 shotgun shells as regulated in subsection (k) of this Section.

18 (aa) It is unlawful to use or possess any device that may

19 be used for tree climbing or cutting, while hunting fur-bearing

20 mammals, excluding coyotes.

21 (bb) It is unlawful for any person, except licensed game

22 breeders, pursuant to Section 2.29 to import, carry into, or

23 possess alive in this State any species of wildlife taken

24 outside of this State, without obtaining permission to do so

25 from the Director.

26 (cc) It is unlawful for any person to have in his or her

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1 possession any freshly killed species protected by this Act

2 during the season closed for taking.

3 (dd) It is unlawful to take any species protected by this

4 Act and retain it alive except as provided by administrative

5 rule.

6 (ee) It is unlawful to possess any rifle while in the field

7 during gun deer season except as provided in Section 2.26 and

8 administrative rules.

9 (ff) It is unlawful for any person to take any species

10 protected by this Act, except migratory waterfowl, during the

11 gun deer hunting season in those counties open to gun deer

12 hunting, unless he or she wears, when in the field, a cap and

13 upper outer garment of a solid blaze orange color, with such

14 articles of clothing displaying a minimum of 400 square inches

15 of blaze orange material.

16 (gg) It is unlawful during the upland game season for any

17 person to take upland game with a firearm unless he or she

18 wears, while in the field, a cap of solid blaze orange color.

19 For purposes of this Act, upland game is defined as Bobwhite

20 Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern

21 Cottontail and Swamp Rabbit.

22 (hh) It shall be unlawful to kill or cripple any species

23 protected by this Act for which there is a bag limit without

24 making a reasonable effort to retrieve such species and include

25 such in the bag limit. It shall be unlawful for any person

26 having control over harvested game mammals, game birds, or

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1 migratory game birds for which there is a bag limit to wantonly

2 waste or destroy the usable meat of the game, except this shall

3 not apply to wildlife taken under Sections 2.37 or 3.22 of this

4 Code. For purposes of this subsection, "usable meat" means the

5 breast meat of a game bird or migratory game bird and the hind

6 ham and front shoulders of a game mammal. It shall be unlawful

7 for any person to place, leave, dump, or abandon a wildlife

8 carcass or parts of it along or upon a public right-of-way or

9 highway or on public or private property, including a waterway

10 or stream, without the permission of the owner or tenant. It

11 shall not be unlawful to discard game meat that is determined

12 to be unfit for human consumption.

13 (ii) This Section shall apply only to those species

14 protected by this Act taken within the State. Any species or

15 any parts thereof, legally taken in and transported from other

16 states or countries, may be possessed within the State, except

17 as provided in this Section and Sections 2.35, 2.36 and 3.21.

18 (jj) (Blank).

19 (kk) Nothing contained in this Section shall prohibit the

20 Director from issuing permits to paraplegics or to other

21 persons with disabilities who meet the requirements set forth

22 in administrative rule to shoot or hunt from a vehicle as

23 provided by that rule, provided that such is otherwise in

24 accord with this Act.

25 (ll) Nothing contained in this Act shall prohibit the

26 taking of aquatic life protected by the Fish and Aquatic Life

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1 Code or birds and mammals protected by this Act, except deer

2 and fur-bearing mammals, from a boat not camouflaged or

3 disguised to alter its identity or to further provide a place

4 of concealment and not propelled by sail or mechanical power.

5 However, only shotguns not larger than 10 gauge nor smaller

6 than .410 bore loaded with not more than 3 shells of a shot

7 size no larger than lead BB or steel T (.20 diameter) may be

8 used to take species protected by this Act.

9 (mm) Nothing contained in this Act shall prohibit the use

10 of a shotgun, not larger than 10 gauge nor smaller than a 20

11 gauge, with a rifled barrel.

12 (nn) It shall be unlawful to possess any species of

13 wildlife or wildlife parts taken unlawfully in Illinois, any

14 other state, or any other country, whether or not the wildlife

15 or wildlife parts is indigenous to Illinois. For the purposes

16 of this subsection, the statute of limitations for unlawful

17 possession of wildlife or wildlife parts shall not cease until

18 2 years after the possession has permanently ended.

19 (Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,

20 eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,

21 eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; revised

22 10-20-15.)

23 Section 10. The Criminal Code of 2012 is amended by

24 changing Section 24-1 as follows:

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

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

3 (a) A person commits the offense of unlawful use of weapons

4 when he knowingly:

5 (1) Sells, manufactures, purchases, possesses or

6 carries any bludgeon, black-jack, slung-shot, sand-club,

7 sand-bag, metal knuckles or other knuckle weapon

8 regardless of its composition, throwing star, or any knife,

9 commonly referred to as a switchblade knife, which has a

10 blade that opens automatically by hand pressure applied to

11 a button, spring or other device in the handle of the

12 knife, or a ballistic knife, which is a device that propels

13 a knifelike blade as a projectile by means of a coil

14 spring, elastic material or compressed gas; or

15 (2) Carries or possesses with intent to use the same

16 unlawfully against another, a dagger, dirk, billy,

17 dangerous knife, razor, stiletto, broken bottle or other

18 piece of glass, stun gun or taser or any other dangerous or

19 deadly weapon or instrument of like character; or

20 (3) Carries on or about his person or in any vehicle, a

21 tear gas gun projector or bomb or any object containing

22 noxious liquid gas or substance, other than an object

23 containing a non-lethal noxious liquid gas or substance

24 designed solely for personal defense carried by a person 18

25 years of age or older; or

26 (4) Carries or possesses in any vehicle or concealed on

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1 or about his person except when on his land or in his own

2 abode, legal dwelling, or fixed place of business, or on

3 the land or in the legal dwelling of another person as an

4 invitee with that person's permission, any pistol,

5 revolver, stun gun or taser or other firearm, except that

6 this subsection (a) (4) does not apply to or affect

7 transportation of weapons that meet one of the following

8 conditions:

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

10 (ii) are not immediately accessible; or

11 (iii) are unloaded and enclosed in a case, firearm

12 carrying box, shipping box, or other container by a

13 person who has been issued a currently valid Firearm

14 Owner's Identification Card; or

15 (iv) are carried or possessed in accordance with

16 the Firearm Concealed Carry Act by a person who has

17 been issued a currently valid license under the Firearm

18 Concealed Carry Act; or

19 (5) Sets a spring gun; or

20 (6) Possesses any device or attachment of any kind

21 primarily designed, used,or intended for use in silencing

22 the report of any handgun; or possesses any device or

23 attachment of any kind designed, used, or intended for use

24 in silencing the report of any other firearm if the device

25 or attachment does not comply with the National Firearms

26 Act ~~firearm~~; or

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1 (7) Sells, manufactures, purchases, possesses or

2 carries:

3 (i) a machine gun, which shall be defined for the

4 purposes of this subsection as any weapon, which

5 shoots, is designed to shoot, or can be readily

6 restored to shoot, automatically more than one shot

7 without manually reloading by a single function of the

8 trigger, including the frame or receiver of any such

9 weapon, or sells, manufactures, purchases, possesses,

10 or carries any combination of parts designed or

11 intended for use in converting any weapon into a

12 machine gun, or any combination or parts from which a

13 machine gun can be assembled if such parts are in the

14 possession or under the control of a person;

15 (ii) any rifle having one or more barrels less than

16 16 inches in length or a shotgun having one or more

17 barrels less than 18 inches in length or any weapon

18 made from a rifle or shotgun, whether by alteration,

19 modification, or otherwise, if such a weapon as

20 modified has an overall length of less than 26 inches;

21 or

22 (iii) any bomb, bomb-shell, grenade, bottle or

23 other container containing an explosive substance of

24 over one-quarter ounce for like purposes, such as, but

25 not limited to, black powder bombs and Molotov

26 cocktails or artillery projectiles; or

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1 (8) Carries or possesses any firearm, stun gun or taser

2 or other deadly weapon in any place which is licensed to

3 sell intoxicating beverages, or at any public gathering

4 held pursuant to a license issued by any governmental body

5 or any public gathering at which an admission is charged,

6 excluding a place where a showing, demonstration or lecture

7 involving the exhibition of unloaded firearms is

8 conducted.

9 This subsection (a)(8) does not apply to any auction or

10 raffle of a firearm held pursuant to a license or permit

11 issued by a governmental body, nor does it apply to persons

12 engaged in firearm safety training courses; or

13 (9) Carries or possesses in a vehicle or on or about

14 his person any pistol, revolver, stun gun or taser or

15 firearm or ballistic knife, when he is hooded, robed or

16 masked in such manner as to conceal his identity; or

17 (10) Carries or possesses on or about his person, upon

18 any public street, alley, or other public lands within the

19 corporate limits of a city, village or incorporated town,

20 except when an invitee thereon or therein, for the purpose

21 of the display of such weapon or the lawful commerce in

22 weapons, or except when on his land or in his own abode,

23 legal dwelling, or fixed place of business, or on the land

24 or in the legal dwelling of another person as an invitee

25 with that person's permission, any pistol, revolver, stun

26 gun or taser or other firearm, except that this subsection

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1 (a) (10) does not apply to or affect transportation of

2 weapons that meet one of the following conditions:

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

4 (ii) are not immediately accessible; or

5 (iii) are unloaded and enclosed in a case, firearm

6 carrying box, shipping box, or other container by a

7 person who has been issued a currently valid Firearm

8 Owner's Identification Card; or

9 (iv) are carried or possessed in accordance with

10 the Firearm Concealed Carry Act by a person who has

11 been issued a currently valid license under the Firearm

12 Concealed Carry Act.

13 A "stun gun or taser", as used in this paragraph (a)

14 means (i) any device which is powered by electrical

15 charging units, such as, batteries, and which fires one or

16 several barbs attached to a length of wire and which, upon

17 hitting a human, can send out a current capable of

18 disrupting the person's nervous system in such a manner as

19 to render him incapable of normal functioning or (ii) any

20 device which is powered by electrical charging units, such

21 as batteries, and which, upon contact with a human or

22 clothing worn by a human, can send out current capable of

23 disrupting the person's nervous system in such a manner as

24 to render him incapable of normal functioning; or

25 (11) Sells, manufactures or purchases any explosive

26 bullet. For purposes of this paragraph (a) "explosive

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1 bullet" means the projectile portion of an ammunition

2 cartridge which contains or carries an explosive charge

3 which will explode upon contact with the flesh of a human

4 or an animal. "Cartridge" means a tubular metal case having

5 a projectile affixed at the front thereof and a cap or

6 primer at the rear end thereof, with the propellant

7 contained in such tube between the projectile and the cap;

8 or

9 (12) (Blank); or

10 (13) Carries or possesses on or about his or her person

11 while in a building occupied by a unit of government, a

12 billy club, other weapon of like character, or other

13 instrument of like character intended for use as a weapon.

14 For the purposes of this Section, "billy club" means a

15 short stick or club commonly carried by police officers

16 which is either telescopic or constructed of a solid piece

17 of wood or other man-made material.

18 (b) Sentence. A person convicted of a violation of

19 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

20 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

21 Class A misdemeanor. A person convicted of a violation of

22 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

23 person convicted of a violation of subsection 24-1(a)(6) or

24 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

25 convicted of a violation of subsection 24-1(a)(7)(i) commits a

26 Class 2 felony and shall be sentenced to a term of imprisonment

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1 of not less than 3 years and not more than 7 years, unless the

2 weapon is possessed in the passenger compartment of a motor

3 vehicle as defined in Section 1-146 of the Illinois Vehicle

4 Code, or on the person, while the weapon is loaded, in which

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

6 second or subsequent violation of subsection 24-1(a)(4),

7 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

8 felony. The possession of each weapon in violation of this

9 Section constitutes a single and separate violation.

10 (c) Violations in specific places.

11 (1) A person who violates subsection 24-1(a)(6) or

12 24-1(a)(7) in any school, regardless of the time of day or

13 the time of year, in residential property owned, operated

14 or managed by a public housing agency or leased by a public

15 housing agency as part of a scattered site or mixed-income

16 development, in a public park, in a courthouse, on the real

17 property comprising any school, regardless of the time of

18 day or the time of year, on residential property owned,

19 operated or managed by a public housing agency or leased by

20 a public housing agency as part of a scattered site or

21 mixed-income development, on the real property comprising

22 any public park, on the real property comprising any

23 courthouse, in any conveyance owned, leased or contracted

24 by a school to transport students to or from school or a

25 school related activity, in any conveyance owned, leased,

26 or contracted by a public transportation agency, or on any

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1 public way within 1,000 feet of the real property

2 comprising any school, public park, courthouse, public

3 transportation facility, or residential property owned,

4 operated, or managed by a public housing agency or leased

5 by a public housing agency as part of a scattered site or

6 mixed-income development commits a Class 2 felony and shall

7 be sentenced to a term of imprisonment of not less than 3

8 years and not more than 7 years.

9 (1.5) A person who violates subsection 24-1(a)(4),

10 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the

11 time of day or the time of year, in residential property

12 owned, operated, or managed by a public housing agency or

13 leased by a public housing agency as part of a scattered

14 site or mixed-income development, in a public park, in a

15 courthouse, on the real property comprising any school,

16 regardless of the time of day or the time of year, on

17 residential property owned, operated, or managed by a

18 public housing agency or leased by a public housing agency

19 as part of a scattered site or mixed-income development, on

20 the real property comprising any public park, on the real

21 property comprising any courthouse, in any conveyance

22 owned, leased, or contracted by a school to transport

23 students to or from school or a school related activity, in

24 any conveyance owned, leased, or contracted by a public

25 transportation agency, or on any public way within 1,000

26 feet of the real property comprising any school, public

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1 park, courthouse, public transportation facility, or

2 residential property owned, operated, or managed by a

3 public housing agency or leased by a public housing agency

4 as part of a scattered site or mixed-income development

5 commits a Class 3 felony.

6 (2) A person who violates subsection 24-1(a)(1),

7 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

8 time of day or the time of year, in residential property

9 owned, operated or managed by a public housing agency or

10 leased by a public housing agency as part of a scattered

11 site or mixed-income development, in a public park, in a

12 courthouse, on the real property comprising any school,

13 regardless of the time of day or the time of year, on

14 residential property owned, operated or managed by a public

15 housing agency or leased by a public housing agency as part

16 of a scattered site or mixed-income development, on the

17 real property comprising any public park, on the real

18 property comprising any courthouse, in any conveyance

19 owned, leased or contracted by a school to transport

20 students to or from school or a school related activity, in

21 any conveyance owned, leased, or contracted by a public

22 transportation agency, or on any public way within 1,000

23 feet of the real property comprising any school, public

24 park, courthouse, public transportation facility, or

25 residential property owned, operated, or managed by a

26 public housing agency or leased by a public housing agency

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1 as part of a scattered site or mixed-income development

2 commits a Class 4 felony. "Courthouse" means any building

3 that is used by the Circuit, Appellate, or Supreme Court of

4 this State for the conduct of official business.

5 (3) Paragraphs (1), (1.5), and (2) of this subsection

6 (c) shall not apply to law enforcement officers or security

7 officers of such school, college, or university or to

8 students carrying or possessing firearms for use in

9 training courses, parades, hunting, target shooting on

10 school ranges, or otherwise with the consent of school

11 authorities and which firearms are transported unloaded

12 enclosed in a suitable case, box, or transportation

13 package.

14 (4) For the purposes of this subsection (c), "school"

15 means any public or private elementary or secondary school,

16 community college, college, or university.

17 (5) For the purposes of this subsection (c), "public

18 transportation agency" means a public or private agency

19 that provides for the transportation or conveyance of

20 persons by means available to the general public, except

21 for transportation by automobiles not used for conveyance

22 of the general public as passengers; and "public

23 transportation facility" means a terminal or other place

24 where one may obtain public transportation.

25 (d) The presence in an automobile other than a public

26 omnibus of any weapon, instrument or substance referred to in

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LRB099 03366 SLF 49069 a

1 subsection (a)(7) is prima facie evidence that it is in the

2 possession of, and is being carried by, all persons occupying

3 such automobile at the time such weapon, instrument or

4 substance is found, except under the following circumstances:

5 (i) if such weapon, instrument or instrumentality is found upon

6 the person of one of the occupants therein; or (ii) if such

7 weapon, instrument or substance is found in an automobile

8 operated for hire by a duly licensed driver in the due, lawful

9 and proper pursuit of his trade, then such presumption shall

10 not apply to the driver.

11 (e) Exemptions. Crossbows, Common or Compound bows and

12 Underwater Spearguns are exempted from the definition of

13 ballistic knife as defined in paragraph (1) of subsection (a)

14 of this Section.

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

16 Section 99. Effective date. This Act takes effect upon

17 becoming law.".