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| 1 |  |  AN ACT concerning criminal law.
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| 2 |  |  Be it enacted by the People of the State of Illinois,  | 
| 3 |  | represented in the General Assembly: 
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| 4 |  |  Section 5. The Criminal Code of 2012 is amended by changing  | 
| 5 |  | Sections 9-1, 12-2, 12-3.05, and 24-1 as follows:
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| 6 |  |  (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | 
| 7 |  |  Sec. 9-1. First degree murder; death penalties;  | 
| 8 |  | exceptions; separate
hearings; proof; findings; appellate  | 
| 9 |  | procedures; reversals. First degree Murder - Death penalties -  | 
| 10 |  | Exceptions - Separate
Hearings - Proof - Findings - Appellate  | 
| 11 |  | procedures - Reversals.
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| 12 |  |  (a) A person who kills an individual without lawful  | 
| 13 |  | justification commits
first degree murder if, in performing the  | 
| 14 |  | acts which cause the death:
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| 15 |  |   (1) he either intends to kill or do great bodily harm  | 
| 16 |  |  to that
individual or another, or knows that such acts will  | 
| 17 |  |  cause death to that
individual or another; or
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| 18 |  |   (2) he knows that such acts create a strong probability  | 
| 19 |  |  of death or
great bodily harm to that individual or  | 
| 20 |  |  another; or
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| 21 |  |   (3) he is attempting or committing a forcible felony  | 
| 22 |  |  other than
second degree murder.
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| 23 |  |  (b) Aggravating Factors. A defendant who at the time of the
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| 1 |  | commission of the offense has attained the age of 18 or more  | 
| 2 |  | and who has
been found guilty of first degree murder may be  | 
| 3 |  | sentenced to death if:
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| 4 |  |   (1) the murdered individual was a peace officer or  | 
| 5 |  |  fireman killed in
the course of performing his official  | 
| 6 |  |  duties, to prevent the performance
of his official duties,  | 
| 7 |  |  or in retaliation for performing his official
duties, and  | 
| 8 |  |  the defendant knew or
should have known that the murdered  | 
| 9 |  |  individual was a peace officer or
fireman; or
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| 10 |  |   (2) the murdered individual was an employee of an  | 
| 11 |  |  institution or
facility of the Department of Corrections,  | 
| 12 |  |  or any similar local
correctional agency, killed in the  | 
| 13 |  |  course of performing his official
duties, to prevent the  | 
| 14 |  |  performance of his official duties, or in
retaliation for  | 
| 15 |  |  performing his official duties, or the murdered
individual  | 
| 16 |  |  was an inmate at such institution or facility and was  | 
| 17 |  |  killed on the
grounds thereof, or the murdered individual  | 
| 18 |  |  was otherwise present in such
institution or facility with  | 
| 19 |  |  the knowledge and approval of the chief
administrative  | 
| 20 |  |  officer thereof; or
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| 21 |  |   (3) the defendant has been convicted of murdering two  | 
| 22 |  |  or more
individuals under subsection (a) of this Section or  | 
| 23 |  |  under any law of the
United States or of any state which is  | 
| 24 |  |  substantially similar to
subsection (a) of this Section  | 
| 25 |  |  regardless of whether the deaths
occurred as the result of  | 
| 26 |  |  the same act or of several related or
unrelated acts so  | 
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| 1 |  |  long as the deaths were the result of either an intent
to  | 
| 2 |  |  kill more than one person or of separate acts which
the  | 
| 3 |  |  defendant knew would cause death or create a strong  | 
| 4 |  |  probability of
death or great bodily harm to the murdered  | 
| 5 |  |  individual or another; or
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| 6 |  |   (4) the murdered individual was killed as a result of  | 
| 7 |  |  the
hijacking of an airplane, train, ship, bus or other  | 
| 8 |  |  public conveyance; or
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| 9 |  |   (5) the defendant committed the murder pursuant to a  | 
| 10 |  |  contract,
agreement or understanding by which he was to  | 
| 11 |  |  receive money or anything
of value in return for committing  | 
| 12 |  |  the murder or procured another to
commit the murder for  | 
| 13 |  |  money or anything of value; or
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| 14 |  |   (6) the murdered individual was killed in the course of  | 
| 15 |  |  another felony if:
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| 16 |  |    (a) the murdered individual:
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| 17 |  |     (i) was actually killed by the defendant, or
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| 18 |  |     (ii) received physical injuries personally  | 
| 19 |  |  inflicted by the defendant
substantially  | 
| 20 |  |  contemporaneously with physical injuries caused by  | 
| 21 |  |  one or
more persons for whose conduct the defendant  | 
| 22 |  |  is legally accountable under
Section 5-2 of this  | 
| 23 |  |  Code, and the physical injuries inflicted by  | 
| 24 |  |  either
the defendant or the other person or persons  | 
| 25 |  |  for whose conduct he is legally
accountable caused  | 
| 26 |  |  the death of the murdered individual; and
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| 1 |  |    (b) in performing the acts which caused the death  | 
| 2 |  |  of the murdered
individual or which resulted in  | 
| 3 |  |  physical injuries personally inflicted by
the  | 
| 4 |  |  defendant on the murdered individual under the  | 
| 5 |  |  circumstances of
subdivision (ii) of subparagraph (a)  | 
| 6 |  |  of paragraph (6) of subsection (b) of
this Section, the  | 
| 7 |  |  defendant acted with the intent to kill the murdered
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| 8 |  |  individual or with the knowledge that his acts created  | 
| 9 |  |  a strong probability
of death or great bodily harm to  | 
| 10 |  |  the murdered individual or another; and
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| 11 |  |    (c) the other felony was an inherently violent  | 
| 12 |  |  crime
or the attempt to commit an inherently
violent  | 
| 13 |  |  crime.
In this subparagraph (c), "inherently violent  | 
| 14 |  |  crime" includes, but is not
limited to, armed robbery,  | 
| 15 |  |  robbery, predatory criminal sexual assault of a
child,
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| 16 |  |  aggravated criminal sexual assault, aggravated  | 
| 17 |  |  kidnapping, aggravated vehicular
hijacking,
aggravated  | 
| 18 |  |  arson, aggravated stalking, residential burglary, and  | 
| 19 |  |  home
invasion; or
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| 20 |  |   (7) the murdered individual was under 12 years of age  | 
| 21 |  |  and the
death resulted from exceptionally brutal or heinous  | 
| 22 |  |  behavior indicative of
wanton cruelty; or
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| 23 |  |   (8) the defendant committed the murder with intent to
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| 24 |  |  prevent the murdered individual from testifying or  | 
| 25 |  |  participating in any
criminal investigation or prosecution
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| 26 |  |  or giving material assistance to the State in any  | 
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| 1 |  |  investigation or
prosecution, either against the defendant  | 
| 2 |  |  or another; or the defendant
committed the murder because  | 
| 3 |  |  the murdered individual was a witness in any
prosecution or  | 
| 4 |  |  gave material assistance to the State in any investigation
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| 5 |  |  or prosecution, either against the defendant or another;
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| 6 |  |  for purposes of this paragraph (8), "participating in any  | 
| 7 |  |  criminal
investigation
or prosecution" is intended to  | 
| 8 |  |  include those appearing in the proceedings in
any capacity  | 
| 9 |  |  such as trial judges, prosecutors, defense attorneys,
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| 10 |  |  investigators, witnesses, or jurors; or
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| 11 |  |   (9) the defendant, while committing an offense  | 
| 12 |  |  punishable under
Sections 401, 401.1, 401.2, 405, 405.2,  | 
| 13 |  |  407 or 407.1 or subsection (b) of
Section
404 of the  | 
| 14 |  |  Illinois Controlled Substances Act, or while engaged in a
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| 15 |  |  conspiracy or solicitation to commit such offense,  | 
| 16 |  |  intentionally killed an
individual or counseled,  | 
| 17 |  |  commanded, induced, procured or caused the
intentional  | 
| 18 |  |  killing of the murdered individual; or
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| 19 |  |   (10) the defendant was incarcerated in an institution  | 
| 20 |  |  or facility of
the Department of Corrections at the time of  | 
| 21 |  |  the murder, and while
committing an offense punishable as a  | 
| 22 |  |  felony under Illinois law, or while
engaged in a conspiracy  | 
| 23 |  |  or solicitation to commit such offense,
intentionally  | 
| 24 |  |  killed an individual or counseled, commanded, induced,
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| 25 |  |  procured or caused the intentional killing of the murdered  | 
| 26 |  |  individual; or
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| 1 |  |   (11) the murder was committed in a cold, calculated and  | 
| 2 |  |  premeditated
manner pursuant to a preconceived plan,  | 
| 3 |  |  scheme or design to take a human
life by unlawful means,  | 
| 4 |  |  and the conduct of the defendant created a
reasonable  | 
| 5 |  |  expectation that the death of a human being would result
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| 6 |  |  therefrom; or
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| 7 |  |   (12) the murdered individual was an emergency medical  | 
| 8 |  |  technician -
ambulance, emergency medical technician -  | 
| 9 |  |  intermediate, emergency medical
technician - paramedic,  | 
| 10 |  |  ambulance driver, or
other medical assistance or first aid  | 
| 11 |  |  personnel, employed by a municipality
or other  | 
| 12 |  |  governmental unit, killed in the course of performing his  | 
| 13 |  |  official
duties, to prevent the performance of his official  | 
| 14 |  |  duties, or in retaliation
for performing his official  | 
| 15 |  |  duties, and the defendant knew or should have
known that  | 
| 16 |  |  the murdered individual was an emergency medical  | 
| 17 |  |  technician -
ambulance, emergency medical technician -  | 
| 18 |  |  intermediate, emergency medical
technician - paramedic,  | 
| 19 |  |  ambulance driver, or
other medical assistance or first aid  | 
| 20 |  |  personnel; or
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| 21 |  |   (13) the defendant was a principal administrator,  | 
| 22 |  |  organizer, or leader
of a calculated criminal drug  | 
| 23 |  |  conspiracy consisting of a hierarchical position
of  | 
| 24 |  |  authority superior to that of all other members of the  | 
| 25 |  |  conspiracy, and the
defendant counseled, commanded,  | 
| 26 |  |  induced, procured, or caused the intentional
killing of the  | 
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| 1 |  |  murdered person;
or
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| 2 |  |   (14) the murder was intentional and involved the  | 
| 3 |  |  infliction of torture.
For
the purpose of this Section  | 
| 4 |  |  torture means the infliction of or subjection to
extreme  | 
| 5 |  |  physical pain, motivated by an intent to increase or  | 
| 6 |  |  prolong the pain,
suffering or agony of the victim; or
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| 7 |  |   (15) the murder was committed as a result of the  | 
| 8 |  |  intentional discharge
of a firearm by the defendant from a  | 
| 9 |  |  motor vehicle and the victim was not
present within the  | 
| 10 |  |  motor vehicle; or
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| 11 |  |   (16) the murdered individual was 60 years of age or  | 
| 12 |  |  older and the death
resulted
from exceptionally brutal or  | 
| 13 |  |  heinous behavior indicative of wanton cruelty; or
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| 14 |  |   (17) the murdered individual was a person with a  | 
| 15 |  |  disability and the defendant knew
or
should have known that  | 
| 16 |  |  the murdered individual was a person with a disability. For  | 
| 17 |  |  purposes of
this paragraph (17), "person with a disability"  | 
| 18 |  |  means a person who suffers from a
permanent physical or  | 
| 19 |  |  mental impairment resulting from disease, an injury,
a  | 
| 20 |  |  functional disorder, or a congenital condition that  | 
| 21 |  |  renders the person
incapable of
adequately providing for  | 
| 22 |  |  his or her own health or personal care; or
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| 23 |  |   (18) the murder was committed by reason of any person's  | 
| 24 |  |  activity as a
community policing volunteer or to prevent  | 
| 25 |  |  any person from engaging in activity
as a community  | 
| 26 |  |  policing volunteer; or
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| 1 |  |   (19) the murdered individual was subject to an order of  | 
| 2 |  |  protection and the
murder was committed by a person against  | 
| 3 |  |  whom the same order of protection was
issued under the  | 
| 4 |  |  Illinois Domestic Violence Act of 1986; or
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| 5 |  |   (20) the murdered individual was known by the defendant  | 
| 6 |  |  to be a teacher or
other person employed in any school and  | 
| 7 |  |  the teacher or other employee is upon
the grounds of a  | 
| 8 |  |  school or grounds adjacent to a school, or is in any part  | 
| 9 |  |  of a
building used for school purposes; or
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| 10 |  |   (21) the murder was committed by the defendant in  | 
| 11 |  |  connection with or as
a
result of the offense of terrorism  | 
| 12 |  |  as defined in Section 29D-14.9 of this
Code; or .
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| 13 |  |   (22) the murdered individual was a member of a  | 
| 14 |  |  congregation engaged in prayer or other religious  | 
| 15 |  |  activities at a church, synagogue, mosque, or other  | 
| 16 |  |  building, structure, or place used for religious worship. | 
| 17 |  |  (b-5) Aggravating Factor; Natural Life Imprisonment. A  | 
| 18 |  | defendant who has been found guilty of first degree murder and  | 
| 19 |  | who at the time of the commission of the offense had attained  | 
| 20 |  | the age of 18 years or more may be sentenced to natural life  | 
| 21 |  | imprisonment if
(i) the murdered individual was a physician,  | 
| 22 |  | physician assistant, psychologist, nurse, or advanced practice  | 
| 23 |  | registered nurse, (ii) the defendant knew or should have
known  | 
| 24 |  | that the murdered individual was a physician, physician  | 
| 25 |  | assistant, psychologist, nurse, or advanced practice  | 
| 26 |  | registered nurse, and (iii) the murdered individual was killed  | 
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| 1 |  | in the course of acting in his or her capacity as a physician,  | 
| 2 |  | physician assistant, psychologist, nurse, or advanced practice  | 
| 3 |  | registered nurse, or to prevent him or her from acting in that  | 
| 4 |  | capacity, or in retaliation
for his or her acting in that  | 
| 5 |  | capacity.  | 
| 6 |  |   (c) Consideration of factors in Aggravation and  | 
| 7 |  | Mitigation.
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| 8 |  |  The court shall consider, or shall instruct the jury to  | 
| 9 |  | consider any
aggravating and any mitigating factors which are  | 
| 10 |  | relevant to the
imposition of the death penalty. Aggravating  | 
| 11 |  | factors may include but
need not be limited to those factors  | 
| 12 |  | set forth in subsection (b).
Mitigating factors may include but  | 
| 13 |  | need not be limited to the following:
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| 14 |  |   (1) the defendant has no significant history of prior  | 
| 15 |  |  criminal
activity;
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| 16 |  |   (2) the murder was committed while the defendant was  | 
| 17 |  |  under
the influence of extreme mental or emotional  | 
| 18 |  |  disturbance, although not such
as to constitute a defense  | 
| 19 |  |  to prosecution;
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| 20 |  |   (3) the murdered individual was a participant in the
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| 21 |  |  defendant's homicidal conduct or consented to the  | 
| 22 |  |  homicidal act;
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| 23 |  |   (4) the defendant acted under the compulsion of threat  | 
| 24 |  |  or
menace of the imminent infliction of death or great  | 
| 25 |  |  bodily harm;
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| 26 |  |   (5) the defendant was not personally present during
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| 1 |  |  commission of the act or acts causing death;
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| 2 |  |   (6) the defendant's background includes a history of  | 
| 3 |  |  extreme emotional
or physical abuse;
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| 4 |  |   (7) the defendant suffers from a reduced mental  | 
| 5 |  |  capacity.
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| 6 |  |  Provided, however, that an action that does not otherwise  | 
| 7 |  | mitigate first degree murder cannot qualify as a mitigating  | 
| 8 |  | factor for first degree murder because of the discovery,  | 
| 9 |  | knowledge, or disclosure of the victim's sexual orientation as  | 
| 10 |  | defined in Section 1-103 of the Illinois Human Rights Act.  | 
| 11 |  |  (d) Separate sentencing hearing.
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| 12 |  |  Where requested by the State, the court shall conduct a  | 
| 13 |  | separate
sentencing proceeding to determine the existence of  | 
| 14 |  | factors set forth in
subsection (b) and to consider any  | 
| 15 |  | aggravating or mitigating factors as
indicated in subsection  | 
| 16 |  | (c). The proceeding shall be conducted:
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| 17 |  |   (1) before the jury that determined the defendant's  | 
| 18 |  |  guilt; or
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| 19 |  |   (2) before a jury impanelled for the purpose of the  | 
| 20 |  |  proceeding if:
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| 21 |  |    A. the defendant was convicted upon a plea of  | 
| 22 |  |  guilty; or
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| 23 |  |    B. the defendant was convicted after a trial before  | 
| 24 |  |  the court
sitting without a jury; or
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| 25 |  |    C. the court for good cause shown discharges the  | 
| 26 |  |  jury that
determined the defendant's guilt; or
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| 1 |  |   (3) before the court alone if the defendant waives a  | 
| 2 |  |  jury
for the separate proceeding.
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| 3 |  |  (e) Evidence and Argument.
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| 4 |  |  During the proceeding any information relevant to any of  | 
| 5 |  | the factors
set forth in subsection (b) may be presented by  | 
| 6 |  | either the State or the
defendant under the rules governing the  | 
| 7 |  | admission of evidence at
criminal trials. Any information  | 
| 8 |  | relevant to any additional aggravating
factors or any  | 
| 9 |  | mitigating factors indicated in subsection (c) may be
presented  | 
| 10 |  | by the State or defendant regardless of its admissibility
under  | 
| 11 |  | the rules governing the admission of evidence at criminal  | 
| 12 |  | trials.
The State and the defendant shall be given fair  | 
| 13 |  | opportunity to rebut any
information received at the hearing.
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| 14 |  |  (f) Proof.
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| 15 |  |  The burden of proof of establishing the existence of any of  | 
| 16 |  | the
factors set forth in subsection (b) is on the State and  | 
| 17 |  | shall not be
satisfied unless established beyond a reasonable  | 
| 18 |  | doubt.
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| 19 |  |  (g) Procedure - Jury.
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| 20 |  |  If at the separate sentencing proceeding the jury finds  | 
| 21 |  | that none of
the factors set forth in subsection (b) exists,  | 
| 22 |  | the court shall sentence
the defendant to a term of  | 
| 23 |  | imprisonment under Chapter V of the Unified
Code of  | 
| 24 |  | Corrections. If there is a unanimous finding by the jury that
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| 25 |  | one or more of the factors set forth in subsection (b) exist,  | 
| 26 |  | the jury
shall consider aggravating and mitigating factors as  | 
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| 1 |  | instructed by the
court and shall determine whether the  | 
| 2 |  | sentence of death shall be
imposed. If the jury determines  | 
| 3 |  | unanimously, after weighing the factors in
aggravation and  | 
| 4 |  | mitigation, that death is the appropriate sentence, the court  | 
| 5 |  | shall sentence the defendant to death.
If the court does not  | 
| 6 |  | concur with the jury determination that death is the
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| 7 |  | appropriate sentence, the court shall set forth reasons in  | 
| 8 |  | writing
including what facts or circumstances the court relied  | 
| 9 |  | upon,
along with any relevant
documents, that compelled the  | 
| 10 |  | court to non-concur with the sentence. This
document and any  | 
| 11 |  | attachments shall be part of the record for appellate
review.  | 
| 12 |  | The court shall be bound by the jury's sentencing  | 
| 13 |  | determination.
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| 14 |  |  If after weighing the factors in aggravation and  | 
| 15 |  | mitigation, one or more
jurors determines that death is not the  | 
| 16 |  | appropriate sentence,
the
court shall sentence the defendant to  | 
| 17 |  | a term of imprisonment under
Chapter V of the Unified Code of  | 
| 18 |  | Corrections.
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| 19 |  |  (h) Procedure - No Jury.
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| 20 |  |  In a proceeding before the court alone, if the court finds  | 
| 21 |  | that none
of the factors found in subsection (b) exists, the  | 
| 22 |  | court shall sentence
the defendant to a term of imprisonment  | 
| 23 |  | under Chapter V of the Unified
Code of Corrections.
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| 24 |  |  If the Court determines that one or more of the factors set  | 
| 25 |  | forth in
subsection (b) exists, the Court shall consider any  | 
| 26 |  | aggravating and
mitigating factors as indicated in subsection  | 
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| 1 |  | (c). If the Court
determines, after weighing the factors in  | 
| 2 |  | aggravation and mitigation, that
death is the appropriate  | 
| 3 |  | sentence, the Court shall sentence the
defendant to death.
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| 4 |  |  If
the court finds that death is not the
appropriate  | 
| 5 |  | sentence, the
court shall sentence the defendant to a term of  | 
| 6 |  | imprisonment under
Chapter V of the Unified Code of  | 
| 7 |  | Corrections.
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| 8 |  |  (h-5) Decertification as a capital case.
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| 9 |  |  In a case in which the defendant has been found guilty of  | 
| 10 |  | first degree murder
by a judge or jury, or a case on remand for  | 
| 11 |  | resentencing, and the State seeks
the death penalty as an  | 
| 12 |  | appropriate
sentence,
on the court's own motion or the written  | 
| 13 |  | motion of the defendant, the court
may decertify the case as a  | 
| 14 |  | death penalty case if the court finds that the only
evidence  | 
| 15 |  | supporting the defendant's conviction is the uncorroborated  | 
| 16 |  | testimony
of an informant witness, as defined in Section 115-21  | 
| 17 |  | of the Code of Criminal
Procedure of 1963, concerning the  | 
| 18 |  | confession or admission of the defendant or
that the sole  | 
| 19 |  | evidence against the defendant is a single eyewitness or single
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| 20 |  | accomplice without any other corroborating evidence.
If the  | 
| 21 |  | court decertifies the case as a capital case
under either of  | 
| 22 |  | the grounds set forth above, the court shall issue a
written  | 
| 23 |  | finding. The State may pursue its right to appeal the  | 
| 24 |  | decertification
pursuant to Supreme Court Rule 604(a)(1). If  | 
| 25 |  | the court does not
decertify the case as a capital case, the  | 
| 26 |  | matter shall proceed to the
eligibility phase of the sentencing  | 
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| 1 |  | hearing.
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| 2 |  |  (i) Appellate Procedure.
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| 3 |  |  The conviction and sentence of death shall be subject to  | 
| 4 |  | automatic
review by the Supreme Court. Such review shall be in  | 
| 5 |  | accordance with
rules promulgated by the Supreme Court.
The  | 
| 6 |  | Illinois Supreme Court may overturn the death sentence, and  | 
| 7 |  | order the
imposition of imprisonment under Chapter V of the  | 
| 8 |  | Unified Code of
Corrections if the court finds that the death  | 
| 9 |  | sentence is fundamentally
unjust as applied to the particular  | 
| 10 |  | case.
If the Illinois Supreme Court finds that the
death  | 
| 11 |  | sentence is fundamentally unjust as applied to the particular  | 
| 12 |  | case,
independent of any procedural grounds for relief, the  | 
| 13 |  | Illinois Supreme Court
shall issue a written opinion explaining  | 
| 14 |  | this finding.
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| 15 |  |  (j) Disposition of reversed death sentence.
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| 16 |  |  In the event that the death penalty in this Act is held to  | 
| 17 |  | be
unconstitutional by the Supreme Court of the United States  | 
| 18 |  | or of the
State of Illinois, any person convicted of first  | 
| 19 |  | degree murder shall be
sentenced by the court to a term of  | 
| 20 |  | imprisonment under Chapter V of the
Unified Code of  | 
| 21 |  | Corrections.
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| 22 |  |  In the event that any death sentence pursuant to the  | 
| 23 |  | sentencing
provisions of this Section is declared  | 
| 24 |  | unconstitutional by the Supreme
Court of the United States or  | 
| 25 |  | of the State of Illinois, the court having
jurisdiction over a  | 
| 26 |  | person previously sentenced to death shall cause the
defendant  | 
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| 
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| 1 |  | to be brought before the court, and the court shall sentence
 | 
| 2 |  | the defendant to a term of imprisonment under Chapter V of the
 | 
| 3 |  | Unified Code of Corrections.
 | 
| 4 |  |  (k) Guidelines for seeking the death penalty.
 | 
| 5 |  |  The Attorney General and
State's Attorneys Association  | 
| 6 |  | shall consult on voluntary guidelines for
procedures governing  | 
| 7 |  | whether or not to seek the death penalty. The guidelines
do not
 | 
| 8 |  | have the force of law and are only advisory in nature.
 | 
| 9 |  | (Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;  | 
| 10 |  | 100-513, eff. 1-1-18; revised 10-5-17.)
 | 
| 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  | 
| 14 |  | aggravated assault when he or she commits an assault against an  | 
| 15 |  | individual who is on or about a public way, public property, a  | 
| 16 |  | public place of accommodation or amusement, or a sports venue,  | 
| 17 |  | or in a church, synagogue, mosque, or other building,  | 
| 18 |  | structure, or place used for religious worship. | 
| 19 |  |  (b) Offense based on status of victim. A person commits  | 
| 20 |  | aggravated assault when, in committing an assault, he or she  | 
| 21 |  | knows the individual assaulted to be any of the following: | 
| 22 |  |   (1) A person with a physical disability or a person 60  | 
| 23 |  |  years of age or older and the assault is without legal  | 
| 24 |  |  justification. | 
| 25 |  |   (2) A teacher or school employee upon school grounds or  | 
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| 
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| 1 |  |  grounds adjacent to a school or in any part of a building  | 
| 2 |  |  used for school purposes. | 
| 3 |  |   (3) A park district employee upon park grounds or  | 
| 4 |  |  grounds adjacent to a park or in any part of a building  | 
| 5 |  |  used for park purposes. | 
| 6 |  |   (4) A community policing volunteer, private security  | 
| 7 |  |  officer, or utility worker: | 
| 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 |  |   (4.1) A peace officer, fireman, emergency management  | 
| 14 |  |  worker, or emergency medical services personnel: | 
| 15 |  |    (i) performing his or her official duties; | 
| 16 |  |    (ii) assaulted to prevent performance of his or her  | 
| 17 |  |  official duties; or | 
| 18 |  |    (iii) assaulted in retaliation for performing his  | 
| 19 |  |  or her official duties.  | 
| 20 |  |   (5) A correctional officer or probation officer: | 
| 21 |  |    (i) performing his or her official duties; | 
| 22 |  |    (ii) assaulted to prevent performance of his or her  | 
| 23 |  |  official duties; or | 
| 24 |  |    (iii) assaulted in retaliation for performing his  | 
| 25 |  |  or her official duties. | 
| 26 |  |   (6) A correctional institution employee, a county  | 
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| 
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| 1 |  |  juvenile detention center employee who provides direct and  | 
| 2 |  |  continuous supervision of residents of a juvenile  | 
| 3 |  |  detention center, including a county juvenile detention  | 
| 4 |  |  center employee who supervises recreational activity for  | 
| 5 |  |  residents of a juvenile detention center, or a Department  | 
| 6 |  |  of Human Services employee, Department of Human Services  | 
| 7 |  |  officer, or employee of a subcontractor of the Department  | 
| 8 |  |  of Human Services supervising or controlling sexually  | 
| 9 |  |  dangerous persons or sexually violent persons: | 
| 10 |  |    (i) performing his or her official duties; | 
| 11 |  |    (ii) assaulted to prevent performance of his or her  | 
| 12 |  |  official duties; or | 
| 13 |  |    (iii) assaulted in retaliation for performing his  | 
| 14 |  |  or her official duties. | 
| 15 |  |   (7) An employee of the State of Illinois, a municipal  | 
| 16 |  |  corporation therein, or a political subdivision thereof,  | 
| 17 |  |  performing his or her official duties. | 
| 18 |  |   (8) A transit employee performing his or her official  | 
| 19 |  |  duties, or a transit passenger. | 
| 20 |  |   (9) A sports official or coach actively participating  | 
| 21 |  |  in any level of athletic competition within a sports venue,  | 
| 22 |  |  on an indoor playing field or outdoor playing field, or  | 
| 23 |  |  within the immediate vicinity of such a facility or field. | 
| 24 |  |   (10) A person authorized to serve process under Section  | 
| 25 |  |  2-202 of the Code of Civil Procedure or a special process  | 
| 26 |  |  server appointed by the circuit court, while that  | 
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| 
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| 1 |  |  individual is in the performance of his or her duties as a  | 
| 2 |  |  process server.  | 
| 3 |  |  (c) Offense based on use of firearm, device, or motor  | 
| 4 |  | vehicle. A person commits aggravated assault when, in  | 
| 5 |  | committing an assault, he or she does any of the following: | 
| 6 |  |   (1) Uses a deadly weapon, an air rifle as defined in  | 
| 7 |  |  Section 24.8-0.1 of this Act, or any device manufactured  | 
| 8 |  |  and designed to be substantially similar in appearance to a  | 
| 9 |  |  firearm, other than by discharging a firearm. | 
| 10 |  |   (2) Discharges a firearm, other than from a motor  | 
| 11 |  |  vehicle. | 
| 12 |  |   (3) Discharges a firearm from a motor vehicle. | 
| 13 |  |   (4) Wears a hood, robe, or mask to conceal his or her  | 
| 14 |  |  identity. | 
| 15 |  |   (5) Knowingly and without lawful justification shines  | 
| 16 |  |  or flashes a laser gun sight or other laser device attached  | 
| 17 |  |  to a firearm, or used in concert with a firearm, so that  | 
| 18 |  |  the laser beam strikes near or in the immediate vicinity of  | 
| 19 |  |  any person. | 
| 20 |  |   (6) Uses a firearm, other than by discharging the  | 
| 21 |  |  firearm, against a peace officer, community policing  | 
| 22 |  |  volunteer, fireman, private security officer, emergency  | 
| 23 |  |  management worker, emergency medical services personnel,  | 
| 24 |  |  employee of a police department, employee of a sheriff's  | 
| 25 |  |  department, or traffic control municipal employee: | 
| 26 |  |    (i) performing his or her official duties; | 
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| 
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| 1 |  |    (ii) assaulted to prevent performance of his or her  | 
| 2 |  |  official duties; or | 
| 3 |  |    (iii) assaulted in retaliation for performing his  | 
| 4 |  |  or her official duties.  | 
| 5 |  |   (7) Without justification operates a motor vehicle in a  | 
| 6 |  |  manner which places a person, other than a person listed in  | 
| 7 |  |  subdivision (b)(4), in reasonable apprehension of being  | 
| 8 |  |  struck by the moving motor vehicle. | 
| 9 |  |   (8) Without justification operates a motor vehicle in a  | 
| 10 |  |  manner which places a person listed in subdivision (b)(4),  | 
| 11 |  |  in reasonable apprehension of being struck by the moving  | 
| 12 |  |  motor vehicle.  | 
| 13 |  |   (9) Knowingly video or audio records the offense with  | 
| 14 |  |  the intent to disseminate the recording.  | 
| 15 |  |  (d) Sentence. Aggravated assault as defined in subdivision  | 
| 16 |  | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),  | 
| 17 |  | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that  | 
| 18 |  | aggravated assault as defined in subdivision (b)(4) and (b)(7)  | 
| 19 |  | is a Class 4 felony if a Category I, Category II, or Category  | 
| 20 |  | III weapon is used in the commission of the assault. Aggravated  | 
| 21 |  | assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),  | 
| 22 |  | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.  | 
| 23 |  | Aggravated assault as defined in subdivision (c)(3) or (c)(8)  | 
| 24 |  | is a Class 3 felony. | 
| 25 |  |  (e) For the purposes of this Section, "Category I weapon",  | 
| 26 |  | "Category II weapon, and "Category III weapon" have the  | 
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| 
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| 1 |  | meanings ascribed to those terms in Section 33A-1 of this Code. 
 | 
| 2 |  | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,  | 
| 3 |  | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16;  | 
| 4 |  | 99-816, eff. 8-15-16.)
 | 
| 5 |  |  (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
 | 
| 6 |  |  Sec. 12-3.05. Aggravated battery. 
 | 
| 7 |  |  (a) Offense based on injury. A person commits aggravated  | 
| 8 |  | battery when, in committing a battery, other than by the  | 
| 9 |  | discharge of a firearm, he or she knowingly does any of the  | 
| 10 |  | following: | 
| 11 |  |   (1) Causes great bodily harm or permanent disability or  | 
| 12 |  |  disfigurement. | 
| 13 |  |   (2) Causes severe and permanent disability, great  | 
| 14 |  |  bodily harm, or disfigurement by means of a caustic or  | 
| 15 |  |  flammable substance, a poisonous gas, a deadly biological  | 
| 16 |  |  or chemical contaminant or agent, a radioactive substance,  | 
| 17 |  |  or a bomb or explosive compound. | 
| 18 |  |   (3) Causes great bodily harm or permanent disability or  | 
| 19 |  |  disfigurement to an individual whom the person knows to be  | 
| 20 |  |  a peace officer, community policing volunteer, fireman,  | 
| 21 |  |  private security officer, correctional institution  | 
| 22 |  |  employee, or Department of Human Services employee  | 
| 23 |  |  supervising or controlling sexually dangerous persons or  | 
| 24 |  |  sexually violent persons: | 
| 25 |  |    (i) performing his or her official duties; | 
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 |  | SB0561 Engrossed | - 21 - | LRB100 04864 RLC 14874 b |  
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| 
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| 1 |  |    (ii) battered to prevent performance of his or her  | 
| 2 |  |  official duties; or | 
| 3 |  |    (iii) battered in retaliation for performing his  | 
| 4 |  |  or her official duties. | 
| 5 |  |   (4) Causes great bodily harm or permanent disability or  | 
| 6 |  |  disfigurement to an individual 60 years of age or older. | 
| 7 |  |   (5) Strangles another individual.  | 
| 8 |  |  (b) Offense based on injury to a child or person with an  | 
| 9 |  | intellectual disability. A person who is at least 18 years of  | 
| 10 |  | age commits aggravated battery when, in committing a battery,  | 
| 11 |  | he or she knowingly and without legal justification by any  | 
| 12 |  | means: | 
| 13 |  |   (1) causes great bodily harm or permanent disability or  | 
| 14 |  |  disfigurement to any child under the age of 13 years, or to  | 
| 15 |  |  any person with a severe or profound intellectual  | 
| 16 |  |  disability; or | 
| 17 |  |   (2) causes bodily harm or disability or disfigurement  | 
| 18 |  |  to any child under the age of 13 years or to any person  | 
| 19 |  |  with a severe or profound intellectual disability.  | 
| 20 |  |  (c) Offense based on location of conduct. A person commits  | 
| 21 |  | aggravated battery when, in committing a battery, other than by  | 
| 22 |  | the discharge of a firearm, he or she is or the person battered  | 
| 23 |  | is on or about a public way, public property, a public place of  | 
| 24 |  | accommodation or amusement, a sports venue, or a domestic  | 
| 25 |  | violence shelter, or in a church, synagogue, mosque, or other  | 
| 26 |  | building, structure, or place used for religious worship. | 
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| 1 |  |  (d) Offense based on status of victim. A person commits  | 
| 2 |  | aggravated battery when, in committing a battery, other than by  | 
| 3 |  | discharge of a firearm, he or she knows the individual battered  | 
| 4 |  | to be any of the following: | 
| 5 |  |   (1) A person 60 years of age or older. | 
| 6 |  |   (2) A person who is pregnant or has a physical  | 
| 7 |  |  disability. | 
| 8 |  |   (3) A teacher or school employee upon school grounds or  | 
| 9 |  |  grounds adjacent to a school or in any part of a building  | 
| 10 |  |  used for school purposes. | 
| 11 |  |   (4) A peace officer, community policing volunteer,  | 
| 12 |  |  fireman, private security officer, correctional  | 
| 13 |  |  institution employee, or Department of Human Services  | 
| 14 |  |  employee supervising or controlling sexually dangerous  | 
| 15 |  |  persons or sexually violent persons: | 
| 16 |  |    (i) performing his or her official duties; | 
| 17 |  |    (ii) battered to prevent performance of his or her  | 
| 18 |  |  official duties; or | 
| 19 |  |    (iii) battered in retaliation for performing his  | 
| 20 |  |  or her official duties. | 
| 21 |  |   (5) A judge, emergency management worker, emergency  | 
| 22 |  |  medical services personnel, or utility worker: | 
| 23 |  |    (i) performing his or her official duties; | 
| 24 |  |    (ii) battered to prevent performance of his or her  | 
| 25 |  |  official duties; or | 
| 26 |  |    (iii) battered in retaliation for performing his  | 
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| 1 |  |  or her official duties. | 
| 2 |  |   (6) An officer or employee of the State of Illinois, a  | 
| 3 |  |  unit of local government, or a school district, while  | 
| 4 |  |  performing his or her official duties. | 
| 5 |  |   (7) A transit employee performing his or her official  | 
| 6 |  |  duties, or a transit passenger. | 
| 7 |  |   (8) A taxi driver on duty. | 
| 8 |  |   (9) A merchant who detains the person for an alleged  | 
| 9 |  |  commission of retail theft under Section 16-26 of this Code  | 
| 10 |  |  and the person without legal justification by any means  | 
| 11 |  |  causes bodily harm to the merchant. | 
| 12 |  |   (10) A person authorized to serve process under Section  | 
| 13 |  |  2-202 of the Code of Civil Procedure or a special process  | 
| 14 |  |  server appointed by the circuit court while that individual  | 
| 15 |  |  is in the performance of his or her duties as a process  | 
| 16 |  |  server. | 
| 17 |  |   (11) A nurse while in the performance of his or her  | 
| 18 |  |  duties as a nurse.  | 
| 19 |  |  (e) Offense based on use of a firearm. A person commits  | 
| 20 |  | aggravated battery when, in committing a battery, he or she  | 
| 21 |  | knowingly does any of the following: | 
| 22 |  |   (1) Discharges a firearm, other than a machine gun or a  | 
| 23 |  |  firearm equipped with a silencer, and causes any injury to  | 
| 24 |  |  another person. | 
| 25 |  |   (2) Discharges a firearm, other than a machine gun or a  | 
| 26 |  |  firearm equipped with a silencer, and causes any injury to  | 
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 |  | SB0561 Engrossed | - 24 - | LRB100 04864 RLC 14874 b |  
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| 1 |  |  a person he or she knows to be a peace officer, community  | 
| 2 |  |  policing volunteer, person summoned by a police officer,  | 
| 3 |  |  fireman, private security officer, correctional  | 
| 4 |  |  institution employee, or 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 |  |   (3) Discharges a firearm, other than a machine gun or a  | 
| 11 |  |  firearm equipped with a silencer, and causes any injury to  | 
| 12 |  |  a person he or she knows to be emergency medical services  | 
| 13 |  |  personnel: | 
| 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 |  |   (4) Discharges a firearm and causes any injury to a  | 
| 20 |  |  person he or she knows to be a teacher, a student in a  | 
| 21 |  |  school, or a school employee, and the teacher, student, or  | 
| 22 |  |  employee is upon school grounds or grounds adjacent to a  | 
| 23 |  |  school or in any part of a building used for school  | 
| 24 |  |  purposes. | 
| 25 |  |   (5) Discharges a machine gun or a firearm equipped with  | 
| 26 |  |  a silencer, and causes any injury to another person. | 
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| 1 |  |   (6) Discharges a machine gun or a firearm equipped with  | 
| 2 |  |  a silencer, and causes any injury to a person he or she  | 
| 3 |  |  knows to be a peace officer, community policing volunteer,  | 
| 4 |  |  person summoned by a police officer, fireman, private  | 
| 5 |  |  security officer, correctional institution employee or  | 
| 6 |  |  emergency management worker: | 
| 7 |  |    (i) performing his or her official duties; | 
| 8 |  |    (ii) battered to prevent performance of his or her  | 
| 9 |  |  official duties; or | 
| 10 |  |    (iii) battered in retaliation for performing his  | 
| 11 |  |  or her official duties. | 
| 12 |  |   (7) Discharges a machine gun or a firearm equipped with  | 
| 13 |  |  a silencer, and causes any injury to a person he or she  | 
| 14 |  |  knows to be emergency medical services personnel: | 
| 15 |  |    (i) performing his or her official duties; | 
| 16 |  |    (ii) battered to prevent performance of his or her  | 
| 17 |  |  official duties; or | 
| 18 |  |    (iii) battered in retaliation for performing his  | 
| 19 |  |  or her official duties. | 
| 20 |  |   (8) Discharges a machine gun or a firearm equipped with  | 
| 21 |  |  a silencer, and causes any injury to a person he or she  | 
| 22 |  |  knows to be a teacher, or a student in a school, or a  | 
| 23 |  |  school employee, and the teacher, student, or employee is  | 
| 24 |  |  upon school grounds or grounds adjacent to a school or in  | 
| 25 |  |  any part of a building used for school purposes.  | 
| 26 |  |  (f) Offense based on use of a weapon or device. A person  | 
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| 1 |  | commits aggravated battery when, in committing a battery, he or  | 
| 2 |  | she does any of the following: | 
| 3 |  |   (1) Uses a deadly weapon other than by discharge of a  | 
| 4 |  |  firearm, or uses an air rifle as defined in Section  | 
| 5 |  |  24.8-0.1 of this Code. | 
| 6 |  |   (2) Wears a hood, robe, or mask to conceal his or her  | 
| 7 |  |  identity. | 
| 8 |  |   (3) Knowingly and without lawful justification shines  | 
| 9 |  |  or flashes a laser gunsight or other laser device attached  | 
| 10 |  |  to a firearm, or used in concert with a firearm, so that  | 
| 11 |  |  the laser beam strikes upon or against the person of  | 
| 12 |  |  another. | 
| 13 |  |   (4) Knowingly video or audio records the offense with  | 
| 14 |  |  the intent to disseminate the recording.  | 
| 15 |  |  (g) Offense based on certain conduct. A person commits  | 
| 16 |  | aggravated battery when, other than by discharge of a firearm,  | 
| 17 |  | he or she does any of the following: | 
| 18 |  |   (1) Violates Section 401 of the Illinois Controlled  | 
| 19 |  |  Substances Act by unlawfully delivering a controlled  | 
| 20 |  |  substance to another and any user experiences great bodily  | 
| 21 |  |  harm or permanent disability as a result of the injection,  | 
| 22 |  |  inhalation, or ingestion of any amount of the controlled  | 
| 23 |  |  substance. | 
| 24 |  |   (2) Knowingly administers to an individual or causes  | 
| 25 |  |  him or her to take, without his or her consent or by threat  | 
| 26 |  |  or deception, and for other than medical purposes, any  | 
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| 1 |  |  intoxicating, poisonous, stupefying, narcotic, anesthetic,  | 
| 2 |  |  or controlled substance, or gives to another person any  | 
| 3 |  |  food containing any substance or object intended to cause  | 
| 4 |  |  physical injury if eaten. | 
| 5 |  |   (3) Knowingly causes or attempts to cause a  | 
| 6 |  |  correctional institution employee or Department of Human  | 
| 7 |  |  Services employee to come into contact with blood, seminal  | 
| 8 |  |  fluid, urine, or feces by throwing, tossing, or expelling  | 
| 9 |  |  the fluid or material, and the person is an inmate of a  | 
| 10 |  |  penal institution or is a sexually dangerous person or  | 
| 11 |  |  sexually violent person in the custody of the Department of  | 
| 12 |  |  Human Services. | 
| 13 |  |  (h) Sentence. Unless otherwise provided, aggravated  | 
| 14 |  | battery is a Class 3 felony. | 
| 15 |  |  Aggravated battery as defined in subdivision (a)(4),  | 
| 16 |  | (d)(4), or (g)(3) is a Class 2 felony. | 
| 17 |  |  Aggravated battery as defined in subdivision (a)(3) or  | 
| 18 |  | (g)(1) is a Class 1 felony. | 
| 19 |  |  Aggravated battery as defined in subdivision (a)(1) is a  | 
| 20 |  | Class 1 felony when the aggravated battery was intentional and  | 
| 21 |  | involved the infliction of torture, as defined in paragraph  | 
| 22 |  | (14) of subsection (b) of Section 9-1 of this Code, as the  | 
| 23 |  | infliction of or subjection to extreme physical pain, motivated  | 
| 24 |  | by an intent to increase or prolong the pain, suffering, or  | 
| 25 |  | agony of the victim.  | 
| 26 |  |  Aggravated battery as defined in subdivision (a)(1) is a  | 
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| 1 |  | Class 1 felony when the person causes great bodily harm or  | 
| 2 |  | permanent disability to an individual whom the person knows to  | 
| 3 |  | be a member of a congregation engaged in prayer or other  | 
| 4 |  | religious activities at a church, synagogue, mosque, or other  | 
| 5 |  | building, structure, or place used for religious worship.  | 
| 6 |  |  Aggravated battery under subdivision (a)(5) is a
Class 1  | 
| 7 |  | felony if: | 
| 8 |  |   (A) the person used or attempted to use a dangerous
 | 
| 9 |  |  instrument while committing the offense; or | 
| 10 |  |   (B) the person caused great bodily harm or
permanent  | 
| 11 |  |  disability or disfigurement to the other
person while  | 
| 12 |  |  committing the offense; or | 
| 13 |  |   (C) the person has been previously convicted of a
 | 
| 14 |  |  violation of subdivision (a)(5) under the laws of this
 | 
| 15 |  |  State or laws similar to subdivision (a)(5) of any other
 | 
| 16 |  |  state.  | 
| 17 |  |  Aggravated battery as defined in subdivision (e)(1) is a  | 
| 18 |  | Class X felony. | 
| 19 |  |  Aggravated battery as defined in subdivision (a)(2) is a  | 
| 20 |  | Class X felony for which a person shall be sentenced to a term  | 
| 21 |  | of imprisonment of a minimum of 6 years and a maximum of 45  | 
| 22 |  | years. | 
| 23 |  |  Aggravated battery as defined in subdivision (e)(5) is a  | 
| 24 |  | Class X felony for which a person shall be sentenced to a term  | 
| 25 |  | of imprisonment of a minimum of 12 years and a maximum of 45  | 
| 26 |  | years. | 
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| 1 |  |  Aggravated battery as defined in subdivision (e)(2),  | 
| 2 |  | (e)(3), or (e)(4) is a Class X felony for which a person shall  | 
| 3 |  | be sentenced to a term of imprisonment of a minimum of 15 years  | 
| 4 |  | and a maximum of 60 years. | 
| 5 |  |  Aggravated battery as defined in subdivision (e)(6),  | 
| 6 |  | (e)(7), or (e)(8) is a Class X felony for which a person shall  | 
| 7 |  | be sentenced to a term of imprisonment of a minimum of 20 years  | 
| 8 |  | and a maximum of 60 years. | 
| 9 |  |  Aggravated battery as defined in subdivision (b)(1) is a  | 
| 10 |  | Class X felony, except that: | 
| 11 |  |   (1) if the person committed the offense while armed  | 
| 12 |  |  with a firearm, 15 years shall be added to the term of  | 
| 13 |  |  imprisonment imposed by the court; | 
| 14 |  |   (2) if, during the commission of the offense, the  | 
| 15 |  |  person personally discharged a firearm, 20 years shall be  | 
| 16 |  |  added to the term of imprisonment imposed by the court; | 
| 17 |  |   (3) if, during the commission of the offense, the  | 
| 18 |  |  person personally discharged a firearm that proximately  | 
| 19 |  |  caused great bodily harm, permanent disability, permanent  | 
| 20 |  |  disfigurement, or death to another person, 25 years or up  | 
| 21 |  |  to a term of natural life shall be added to the term of  | 
| 22 |  |  imprisonment imposed by the court. | 
| 23 |  |  (i) Definitions. For the purposes of this Section: | 
| 24 |  |  "Building or other structure used to provide shelter" has  | 
| 25 |  | the meaning ascribed to "shelter" in Section 1 of the Domestic  | 
| 26 |  | Violence Shelters Act. | 
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| 
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| 1 |  |  "Domestic violence" has the meaning ascribed to it in  | 
| 2 |  | Section 103 of the Illinois Domestic Violence Act of 1986. | 
| 3 |  |  "Domestic violence shelter" means any building or other  | 
| 4 |  | structure used to provide shelter or other services to victims  | 
| 5 |  | or to the dependent children of victims of domestic violence  | 
| 6 |  | pursuant to the Illinois Domestic Violence Act of 1986 or the  | 
| 7 |  | Domestic Violence Shelters Act, or any place within 500 feet of  | 
| 8 |  | such a building or other structure in the case of a person who  | 
| 9 |  | is going to or from such a building or other structure. | 
| 10 |  |  "Firearm" has the meaning provided under Section 1.1
of the  | 
| 11 |  | Firearm Owners Identification Card Act, and does
not include an  | 
| 12 |  | air rifle as defined by Section 24.8-0.1 of this Code.  | 
| 13 |  |  "Machine gun" has the meaning ascribed to it in Section  | 
| 14 |  | 24-1 of this Code. | 
| 15 |  |  "Merchant" has the meaning ascribed to it in Section 16-0.1  | 
| 16 |  | of this Code.  | 
| 17 |  |  "Strangle" means
intentionally impeding the normal  | 
| 18 |  | breathing or circulation of the blood of an individual by  | 
| 19 |  | applying pressure on the throat
or neck of that individual or  | 
| 20 |  | by blocking the nose or mouth of
that individual. 
 | 
| 21 |  | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,  | 
| 22 |  | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 | 
| 23 |  |  (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
 | 
| 24 |  |  Sec. 24-1. Unlawful use of weapons. 
 | 
| 25 |  |  (a) A person commits the offense of unlawful use of weapons  | 
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 |  | SB0561 Engrossed | - 31 - | LRB100 04864 RLC 14874 b |  
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| 
 | 
| 1 |  | when
he knowingly:
 | 
| 2 |  |   (1) Sells, manufactures, purchases, possesses or  | 
| 3 |  |  carries any bludgeon,
black-jack, slung-shot, sand-club,  | 
| 4 |  |  sand-bag, metal knuckles or other knuckle weapon  | 
| 5 |  |  regardless of its composition, throwing star,
or any knife,  | 
| 6 |  |  commonly referred to as a switchblade knife, which has a
 | 
| 7 |  |  blade that opens automatically by hand pressure applied to  | 
| 8 |  |  a button,
spring or other device in the handle of the  | 
| 9 |  |  knife, or a ballistic knife,
which is a device that propels  | 
| 10 |  |  a knifelike blade as a projectile by means
of a coil  | 
| 11 |  |  spring, elastic material or compressed gas; or
 | 
| 12 |  |   (2) Carries or possesses with intent to use the same  | 
| 13 |  |  unlawfully
against another, a dagger, dirk, billy,  | 
| 14 |  |  dangerous knife, razor,
stiletto, broken bottle or other  | 
| 15 |  |  piece of glass, stun gun or taser or
any other dangerous or  | 
| 16 |  |  deadly weapon or instrument of like character; or
 | 
| 17 |  |   (2.5) Carries or possesses with intent to use the same  | 
| 18 |  |  unlawfully against another, any firearm, knife, or other  | 
| 19 |  |  dangerous weapon, in any school, church, synagogue,  | 
| 20 |  |  mosque, or other building, structure, or place used for  | 
| 21 |  |  religious worship; or  | 
| 22 |  |   (3) Carries on or about his person or in any vehicle, a  | 
| 23 |  |  tear gas gun
projector or bomb or any object containing  | 
| 24 |  |  noxious liquid gas or
substance, other than an object  | 
| 25 |  |  containing a non-lethal noxious liquid gas
or substance  | 
| 26 |  |  designed solely for personal defense carried by a person 18
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| 1 |  |  years of age or older; or
 | 
| 2 |  |   (4) Carries or possesses in any vehicle or concealed on  | 
| 3 |  |  or about his
person except when on his land or in his own  | 
| 4 |  |  abode, legal dwelling, or fixed place of
business, or on  | 
| 5 |  |  the land or in the legal dwelling of another person as an  | 
| 6 |  |  invitee with that person's permission, any pistol,  | 
| 7 |  |  revolver, stun gun or taser or other firearm, except
that
 | 
| 8 |  |  this subsection (a) (4) does not apply to or affect  | 
| 9 |  |  transportation of weapons
that meet one of the following  | 
| 10 |  |  conditions:
 | 
| 11 |  |    (i) are broken down in a non-functioning state; or
 | 
| 12 |  |    (ii) are not immediately accessible; or
 | 
| 13 |  |    (iii) are unloaded and enclosed in a case, firearm  | 
| 14 |  |  carrying box,
shipping box, or other container by a  | 
| 15 |  |  person who has been issued a currently
valid Firearm  | 
| 16 |  |  Owner's
Identification Card; or | 
| 17 |  |    (iv) are carried or possessed in accordance with  | 
| 18 |  |  the Firearm Concealed Carry Act by a person who has  | 
| 19 |  |  been issued a currently valid license under the Firearm  | 
| 20 |  |  Concealed Carry Act; or 
 | 
| 21 |  |   (5) Sets a spring gun; or
 | 
| 22 |  |   (6) Possesses any device or attachment of any kind  | 
| 23 |  |  designed, used or
intended for use in silencing the report  | 
| 24 |  |  of any firearm; or
 | 
| 25 |  |   (7) Sells, manufactures, purchases, possesses or  | 
| 26 |  |  carries:
 | 
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 |  | SB0561 Engrossed | - 33 - | LRB100 04864 RLC 14874 b |  
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| 
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| 1 |  |    (i) a machine gun, which shall be defined for the  | 
| 2 |  |  purposes of this
subsection as any weapon,
which  | 
| 3 |  |  shoots, is designed to shoot, or can be readily  | 
| 4 |  |  restored to shoot,
automatically more than one shot  | 
| 5 |  |  without manually reloading by a single
function of the  | 
| 6 |  |  trigger, including the frame or receiver
of any such  | 
| 7 |  |  weapon, or sells, manufactures, purchases, possesses,  | 
| 8 |  |  or
carries any combination of parts designed or  | 
| 9 |  |  intended for
use in converting any weapon into a  | 
| 10 |  |  machine gun, or any combination or
parts from which a  | 
| 11 |  |  machine gun can be assembled if such parts are in the
 | 
| 12 |  |  possession or under the control of a person;
 | 
| 13 |  |    (ii) any rifle having one or
more barrels less than  | 
| 14 |  |  16 inches in length or a shotgun having one or more
 | 
| 15 |  |  barrels less than 18 inches in length or any weapon  | 
| 16 |  |  made from a rifle or
shotgun, whether by alteration,  | 
| 17 |  |  modification, or otherwise, if such a weapon
as  | 
| 18 |  |  modified has an overall length of less than 26 inches;  | 
| 19 |  |  or
 | 
| 20 |  |    (iii) any
bomb, bomb-shell, grenade, bottle or  | 
| 21 |  |  other container containing an
explosive substance of  | 
| 22 |  |  over one-quarter ounce for like purposes, such
as, but  | 
| 23 |  |  not limited to, black powder bombs and Molotov  | 
| 24 |  |  cocktails or
artillery projectiles; or
 | 
| 25 |  |   (8) Carries or possesses any firearm, stun gun or taser  | 
| 26 |  |  or other
deadly weapon in any place which is licensed to  | 
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| 1 |  |  sell intoxicating
beverages, or at any public gathering  | 
| 2 |  |  held pursuant to a license issued
by any governmental body  | 
| 3 |  |  or any public gathering at which an admission
is charged,  | 
| 4 |  |  excluding a place where a showing, demonstration or lecture
 | 
| 5 |  |  involving the exhibition of unloaded firearms is  | 
| 6 |  |  conducted.
 | 
| 7 |  |   This subsection (a)(8) does not apply to any auction or  | 
| 8 |  |  raffle of a firearm
held pursuant to
a license or permit  | 
| 9 |  |  issued by a governmental body, nor does it apply to persons
 | 
| 10 |  |  engaged
in firearm safety training courses; or
 | 
| 11 |  |   (9) Carries or possesses in a vehicle or on or about  | 
| 12 |  |  his person any
pistol, revolver, stun gun or taser or  | 
| 13 |  |  firearm or ballistic knife, when
he is hooded, robed or  | 
| 14 |  |  masked in such manner as to conceal his identity; or
 | 
| 15 |  |   (10) Carries or possesses on or about his person, upon  | 
| 16 |  |  any public street,
alley, or other public lands within the  | 
| 17 |  |  corporate limits of a city, village
or incorporated town,  | 
| 18 |  |  except when an invitee thereon or therein, for the
purpose  | 
| 19 |  |  of the display of such weapon or the lawful commerce in  | 
| 20 |  |  weapons, or
except when on his land or in his own abode,  | 
| 21 |  |  legal dwelling, or fixed place of business, or on the land  | 
| 22 |  |  or in the legal dwelling of another person as an invitee  | 
| 23 |  |  with that person's permission, any
pistol, revolver, stun  | 
| 24 |  |  gun or taser or other firearm, except that this
subsection  | 
| 25 |  |  (a) (10) does not apply to or affect transportation of  | 
| 26 |  |  weapons that
meet one of the following conditions:
 | 
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 |  | SB0561 Engrossed | - 35 - | LRB100 04864 RLC 14874 b |  
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| 
 | 
| 1 |  |    (i) are broken down in a non-functioning state; or
 | 
| 2 |  |    (ii) are not immediately accessible; or
 | 
| 3 |  |    (iii) are unloaded and enclosed in a case, firearm  | 
| 4 |  |  carrying box,
shipping box, or other container by a  | 
| 5 |  |  person who has been issued a currently
valid Firearm  | 
| 6 |  |  Owner's
Identification Card; or
 | 
| 7 |  |    (iv) are carried or possessed in accordance with  | 
| 8 |  |  the Firearm Concealed Carry Act by a person who has  | 
| 9 |  |  been issued a currently valid license under the Firearm  | 
| 10 |  |  Concealed Carry Act.  | 
| 11 |  |   A "stun gun or taser", as used in this paragraph (a)  | 
| 12 |  |  means (i) any device
which is powered by electrical  | 
| 13 |  |  charging units, such as, batteries, and
which fires one or  | 
| 14 |  |  several barbs attached to a length of wire and
which, upon  | 
| 15 |  |  hitting a human, can send out a current capable of  | 
| 16 |  |  disrupting
the person's nervous system in such a manner as  | 
| 17 |  |  to render him incapable of
normal functioning or (ii) any  | 
| 18 |  |  device which is powered by electrical
charging units, such  | 
| 19 |  |  as batteries, and which, upon contact with a human or
 | 
| 20 |  |  clothing worn by a human, can send out current capable of  | 
| 21 |  |  disrupting
the person's nervous system in such a manner as  | 
| 22 |  |  to render him incapable
of normal functioning; or
 | 
| 23 |  |   (11) Sells, manufactures or purchases any explosive  | 
| 24 |  |  bullet. For purposes
of this paragraph (a) "explosive  | 
| 25 |  |  bullet" means the projectile portion of
an ammunition  | 
| 26 |  |  cartridge which contains or carries an explosive charge  | 
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| 
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| 1 |  |  which
will explode upon contact with the flesh of a human  | 
| 2 |  |  or an animal.
"Cartridge" means a tubular metal case having  | 
| 3 |  |  a projectile affixed at the
front thereof and a cap or  | 
| 4 |  |  primer at the rear end thereof, with the
propellant  | 
| 5 |  |  contained in such tube between the projectile and the cap;  | 
| 6 |  |  or
 | 
| 7 |  |   (12) (Blank); or
 | 
| 8 |  |   (13) Carries or possesses on or about his or her person  | 
| 9 |  |  while in a building occupied by a unit of government, a  | 
| 10 |  |  billy club, other weapon of like character, or other  | 
| 11 |  |  instrument of like character intended for use as a weapon.  | 
| 12 |  |  For the purposes of this Section, "billy club" means a  | 
| 13 |  |  short stick or club commonly carried by police officers  | 
| 14 |  |  which is either telescopic or constructed of a solid piece  | 
| 15 |  |  of wood or other man-made material.  | 
| 16 |  |  (b) Sentence. A person convicted of a violation of  | 
| 17 |  | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
 | 
| 18 |  | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a  | 
| 19 |  | Class A
misdemeanor.
A person convicted of a violation of  | 
| 20 |  | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a  | 
| 21 |  | person
convicted of a violation of subsection 24-1(a)(6) or  | 
| 22 |  | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person  | 
| 23 |  | convicted of a violation of subsection
24-1(a)(7)(i) commits a  | 
| 24 |  | Class 2 felony and shall be sentenced to a term of imprisonment  | 
| 25 |  | of not less than 3 years and not more than 7 years, unless the  | 
| 26 |  | weapon is possessed in the
passenger compartment of a motor  | 
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 |  | SB0561 Engrossed | - 37 - | LRB100 04864 RLC 14874 b |  
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| 
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| 1 |  | vehicle as defined in Section 1-146 of the
Illinois Vehicle  | 
| 2 |  | Code, or on the person, while the weapon is loaded, in which
 | 
| 3 |  | case it shall be a Class X felony. A person convicted of a
 | 
| 4 |  | second or subsequent violation of subsection 24-1(a)(4),  | 
| 5 |  | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3  | 
| 6 |  | felony. A person convicted of a violation of subsection  | 
| 7 |  | 24-1(a)(2.5) commits a Class 2 felony. The possession of each  | 
| 8 |  | weapon in violation of this Section constitutes a single and  | 
| 9 |  | 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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 |  | SB0561 Engrossed | - 39 - | LRB100 04864 RLC 14874 b |  
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| 
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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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| 
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| 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. | 
| 12 |  |   (1) Crossbows, Common or Compound bows and Underwater
 | 
| 13 |  |  Spearguns are exempted from the definition of ballistic  | 
| 14 |  |  knife as defined in
paragraph (1) of subsection (a) of this  | 
| 15 |  |  Section. | 
| 16 |  |   (2) The provision of paragraph (1) of subsection (a) of  | 
| 17 |  |  this Section prohibiting the sale, manufacture, purchase,  | 
| 18 |  |  possession, or carrying of any knife, commonly referred to  | 
| 19 |  |  as a switchblade knife, which has a
blade that opens  | 
| 20 |  |  automatically by hand pressure applied to a button,
spring  | 
| 21 |  |  or other device in the handle of the knife, does not apply  | 
| 22 |  |  to a person who possesses a currently valid Firearm Owner's  | 
| 23 |  |  Identification Card previously issued in his or her name by  | 
| 24 |  |  the Department of State Police or to a person or an entity  | 
| 25 |  |  engaged in the business of selling or manufacturing  | 
| 26 |  |  switchblade knives. 
 |