Sen. William R. Haine
Filed: 4/20/2018
 
 


 




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1
AMENDMENT TO SENATE BILL 561 




2 AMENDMENT NO. ______. Amend Senate Bill 561 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Criminal Code of 2012 is amended by 
5changing Sections 9-1, 12-2, 12-3.05, and 24-1 as follows:

6 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
7 Sec. 9-1. First degree murder; death penalties; 
8exceptions; separate
hearings; proof; findings; appellate 
9procedures; reversals. First degree Murder - Death penalties - 
10Exceptions - Separate
Hearings - Proof - Findings - Appellate 
11procedures - Reversals.

12 (a) A person who kills an individual without lawful 
13justification commits
first degree murder if, in performing the 
14acts which cause the death:

15  (1) he either intends to kill or do great bodily harm 
16 to that
individual or another, or knows that such acts will 
 
 
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1 cause death to that
individual or another; or

2  (2) he knows that such acts create a strong probability 
3 of death or
great bodily harm to that individual or 
4 another; or

5  (3) he is attempting or committing a forcible felony 
6 other than
second degree murder.

7 (b) Aggravating Factors. A defendant who at the time of the

8commission of the offense has attained the age of 18 or more 
9and who has
been found guilty of first degree murder may be 
10sentenced to death if:

11  (1) the murdered individual was a peace officer or 
12 fireman killed in
the course of performing his official 
13 duties, to prevent the performance
of his official duties, 
14 or in retaliation for performing his official
duties, and 
15 the defendant knew or
should have known that the murdered 
16 individual was a peace officer or
fireman; or

17  (2) the murdered individual was an employee of an 
18 institution or
facility of the Department of Corrections, 
19 or any similar local
correctional agency, killed in the 
20 course of performing his official
duties, to prevent the 
21 performance of his official duties, or in
retaliation for 
22 performing his official duties, or the murdered
individual 
23 was an inmate at such institution or facility and was 
24 killed on the
grounds thereof, or the murdered individual 
25 was otherwise present in such
institution or facility with 
26 the knowledge and approval of the chief
administrative 
 
 
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1 officer thereof; or

2  (3) the defendant has been convicted of murdering two 
3 or more
individuals under subsection (a) of this Section or 
4 under any law of the
United States or of any state which is 
5 substantially similar to
subsection (a) of this Section 
6 regardless of whether the deaths
occurred as the result of 
7 the same act or of several related or
unrelated acts so 
8 long as the deaths were the result of either an intent
to 
9 kill more than one person or of separate acts which
the 
10 defendant knew would cause death or create a strong 
11 probability of
death or great bodily harm to the murdered 
12 individual or another; or

13  (4) the murdered individual was killed as a result of 
14 the
hijacking of an airplane, train, ship, bus or other 
15 public conveyance; or

16  (5) the defendant committed the murder pursuant to a 
17 contract,
agreement or understanding by which he was to 
18 receive money or anything
of value in return for committing 
19 the murder or procured another to
commit the murder for 
20 money or anything of value; or

21  (6) the murdered individual was killed in the course of 
22 another felony if:

23   (a) the murdered individual:

24    (i) was actually killed by the defendant, or

25    (ii) received physical injuries personally 
26 inflicted by the defendant
substantially 
 
 
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1 contemporaneously with physical injuries caused by 
2 one or
more persons for whose conduct the defendant 
3 is legally accountable under
Section 5-2 of this 
4 Code, and the physical injuries inflicted by 
5 either
the defendant or the other person or persons 
6 for whose conduct he is legally
accountable caused 
7 the death of the murdered individual; and

8   (b) in performing the acts which caused the death 
9 of the murdered
individual or which resulted in 
10 physical injuries personally inflicted by
the 
11 defendant on the murdered individual under the 
12 circumstances of
subdivision (ii) of subparagraph (a) 
13 of paragraph (6) of subsection (b) of
this Section, the 
14 defendant acted with the intent to kill the murdered

15 individual or with the knowledge that his acts created 
16 a strong probability
of death or great bodily harm to 
17 the murdered individual or another; and

18   (c) the other felony was an inherently violent 
19 crime
or the attempt to commit an inherently
violent 
20 crime.
In this subparagraph (c), "inherently violent 
21 crime" includes, but is not
limited to, armed robbery, 
22 robbery, predatory criminal sexual assault of a
child,

23 aggravated criminal sexual assault, aggravated 
24 kidnapping, aggravated vehicular
hijacking,
aggravated 
25 arson, aggravated stalking, residential burglary, and 
26 home
invasion; or

 
 
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1  (7) the murdered individual was under 12 years of age 
2 and the
death resulted from exceptionally brutal or heinous 
3 behavior indicative of
wanton cruelty; or

4  (8) the defendant committed the murder with intent to

5 prevent the murdered individual from testifying or 
6 participating in any
criminal investigation or prosecution

7 or giving material assistance to the State in any 
8 investigation or
prosecution, either against the defendant 
9 or another; or the defendant
committed the murder because 
10 the murdered individual was a witness in any
prosecution or 
11 gave material assistance to the State in any investigation

12 or prosecution, either against the defendant or another;

13 for purposes of this paragraph (8), "participating in any 
14 criminal
investigation
or prosecution" is intended to 
15 include those appearing in the proceedings in
any capacity 
16 such as trial judges, prosecutors, defense attorneys,

17 investigators, witnesses, or jurors; or

18  (9) the defendant, while committing an offense 
19 punishable under
Sections 401, 401.1, 401.2, 405, 405.2, 
20 407 or 407.1 or subsection (b) of
Section
404 of the 
21 Illinois Controlled Substances Act, or while engaged in a

22 conspiracy or solicitation to commit such offense, 
23 intentionally killed an
individual or counseled, 
24 commanded, induced, procured or caused the
intentional 
25 killing of the murdered individual; or

26  (10) the defendant was incarcerated in an institution 
 
 
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1 or facility of
the Department of Corrections at the time of 
2 the murder, and while
committing an offense punishable as a 
3 felony under Illinois law, or while
engaged in a conspiracy 
4 or solicitation to commit such offense,
intentionally 
5 killed an individual or counseled, commanded, induced,

6 procured or caused the intentional killing of the murdered 
7 individual; or

8  (11) the murder was committed in a cold, calculated and 
9 premeditated
manner pursuant to a preconceived plan, 
10 scheme or design to take a human
life by unlawful means, 
11 and the conduct of the defendant created a
reasonable 
12 expectation that the death of a human being would result

13 therefrom; or

14  (12) the murdered individual was an emergency medical 
15 technician -
ambulance, emergency medical technician - 
16 intermediate, emergency medical
technician - paramedic, 
17 ambulance driver, or
other medical assistance or first aid 
18 personnel, employed by a municipality
or other 
19 governmental unit, killed in the course of performing his 
20 official
duties, to prevent the performance of his official 
21 duties, or in retaliation
for performing his official 
22 duties, and the defendant knew or should have
known that 
23 the murdered individual was an emergency medical 
24 technician -
ambulance, emergency medical technician - 
25 intermediate, emergency medical
technician - paramedic, 
26 ambulance driver, or
other medical assistance or first aid 
 
 
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1 personnel; or

2  (13) the defendant was a principal administrator, 
3 organizer, or leader
of a calculated criminal drug 
4 conspiracy consisting of a hierarchical position
of 
5 authority superior to that of all other members of the 
6 conspiracy, and the
defendant counseled, commanded, 
7 induced, procured, or caused the intentional
killing of the 
8 murdered person;
or

9  (14) the murder was intentional and involved the 
10 infliction of torture.
For
the purpose of this Section 
11 torture means the infliction of or subjection to
extreme 
12 physical pain, motivated by an intent to increase or 
13 prolong the pain,
suffering or agony of the victim; or

14  (15) the murder was committed as a result of the 
15 intentional discharge
of a firearm by the defendant from a 
16 motor vehicle and the victim was not
present within the 
17 motor vehicle; or

18  (16) the murdered individual was 60 years of age or 
19 older and the death
resulted
from exceptionally brutal or 
20 heinous behavior indicative of wanton cruelty; or

21  (17) the murdered individual was a person with a 
22 disability and the defendant knew
or
should have known that 
23 the murdered individual was a person with a disability. For 
24 purposes of
this paragraph (17), "person with a disability" 
25 means a person who suffers from a
permanent physical or 
26 mental impairment resulting from disease, an injury,
a 
 
 
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1 functional disorder, or a congenital condition that 
2 renders the person
incapable of
adequately providing for 
3 his or her own health or personal care; or

4  (18) the murder was committed by reason of any person's 
5 activity as a
community policing volunteer or to prevent 
6 any person from engaging in activity
as a community 
7 policing volunteer; or

8  (19) the murdered individual was subject to an order of 
9 protection and the
murder was committed by a person against 
10 whom the same order of protection was
issued under the 
11 Illinois Domestic Violence Act of 1986; or

12  (20) the murdered individual was known by the defendant 
13 to be a teacher or
other person employed in any school and 
14 the teacher or other employee is upon
the grounds of a 
15 school or grounds adjacent to a school, or is in any part 
16 of a
building used for school purposes; or

17  (21) the murder was committed by the defendant in 
18 connection with or as
a
result of the offense of terrorism 
19 as defined in Section 29D-14.9 of this
Code; or .

20  (22) the murdered individual was a member of a 
21 congregation engaged in prayer or other religious 
22 activities at a church, synagogue, mosque, or other 
23 building, structure, or place used for religious worship.
24 (b-5) Aggravating Factor; Natural Life Imprisonment. A 
25defendant who has been found guilty of first degree murder and 
26who at the time of the commission of the offense had attained 
 
 
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1the age of 18 years or more may be sentenced to natural life 
2imprisonment if
(i) the murdered individual was a physician, 
3physician assistant, psychologist, nurse, or advanced practice 
4registered nurse, (ii) the defendant knew or should have
known 
5that the murdered individual was a physician, physician 
6assistant, psychologist, nurse, or advanced practice 
7registered nurse, and (iii) the murdered individual was killed 
8in the course of acting in his or her capacity as a physician, 
9physician assistant, psychologist, nurse, or advanced practice 
10registered nurse, or to prevent him or her from acting in that 
11capacity, or in retaliation
for his or her acting in that 
12capacity. 
13  (c) Consideration of factors in Aggravation and 
14Mitigation.

15 The court shall consider, or shall instruct the jury to 
16consider any
aggravating and any mitigating factors which are 
17relevant to the
imposition of the death penalty. Aggravating 
18factors may include but
need not be limited to those factors 
19set forth in subsection (b).
Mitigating factors may include but 
20need not be limited to the following:

21  (1) the defendant has no significant history of prior 
22 criminal
activity;

23  (2) the murder was committed while the defendant was 
24 under
the influence of extreme mental or emotional 
25 disturbance, although not such
as to constitute a defense 
26 to prosecution;

 
 
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1  (3) the murdered individual was a participant in the

2 defendant's homicidal conduct or consented to the 
3 homicidal act;

4  (4) the defendant acted under the compulsion of threat 
5 or
menace of the imminent infliction of death or great 
6 bodily harm;

7  (5) the defendant was not personally present during

8 commission of the act or acts causing death;

9  (6) the defendant's background includes a history of 
10 extreme emotional
or physical abuse;

11  (7) the defendant suffers from a reduced mental 
12 capacity.

13 Provided, however, that an action that does not otherwise 
14mitigate first degree murder cannot qualify as a mitigating 
15factor for first degree murder because of the discovery, 
16knowledge, or disclosure of the victim's sexual orientation as 
17defined in Section 1-103 of the Illinois Human Rights Act. 
18 (d) Separate sentencing hearing.

19 Where requested by the State, the court shall conduct a 
20separate
sentencing proceeding to determine the existence of 
21factors set forth in
subsection (b) and to consider any 
22aggravating or mitigating factors as
indicated in subsection 
23(c). The proceeding shall be conducted:

24  (1) before the jury that determined the defendant's 
25 guilt; or

26  (2) before a jury impanelled for the purpose of the 
 
 
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1 proceeding if:

2   A. the defendant was convicted upon a plea of 
3 guilty; or

4   B. the defendant was convicted after a trial before 
5 the court
sitting without a jury; or

6   C. the court for good cause shown discharges the 
7 jury that
determined the defendant's guilt; or

8  (3) before the court alone if the defendant waives a 
9 jury
for the separate proceeding.

10 (e) Evidence and Argument.

11 During the proceeding any information relevant to any of 
12the factors
set forth in subsection (b) may be presented by 
13either the State or the
defendant under the rules governing the 
14admission of evidence at
criminal trials. Any information 
15relevant to any additional aggravating
factors or any 
16mitigating factors indicated in subsection (c) may be
presented 
17by the State or defendant regardless of its admissibility
under 
18the rules governing the admission of evidence at criminal 
19trials.
The State and the defendant shall be given fair 
20opportunity to rebut any
information received at the hearing.

21 (f) Proof.

22 The burden of proof of establishing the existence of any of 
23the
factors set forth in subsection (b) is on the State and 
24shall not be
satisfied unless established beyond a reasonable 
25doubt.

26 (g) Procedure - Jury.

 
 
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1 If at the separate sentencing proceeding the jury finds 
2that none of
the factors set forth in subsection (b) exists, 
3the court shall sentence
the defendant to a term of 
4imprisonment under Chapter V of the Unified
Code of 
5Corrections. If there is a unanimous finding by the jury that

6one or more of the factors set forth in subsection (b) exist, 
7the jury
shall consider aggravating and mitigating factors as 
8instructed by the
court and shall determine whether the 
9sentence of death shall be
imposed. If the jury determines 
10unanimously, after weighing the factors in
aggravation and 
11mitigation, that death is the appropriate sentence, the court 
12shall sentence the defendant to death.
If the court does not 
13concur with the jury determination that death is the

14appropriate sentence, the court shall set forth reasons in 
15writing
including what facts or circumstances the court relied 
16upon,
along with any relevant
documents, that compelled the 
17court to non-concur with the sentence. This
document and any 
18attachments shall be part of the record for appellate
review. 
19The court shall be bound by the jury's sentencing 
20determination.

21 If after weighing the factors in aggravation and 
22mitigation, one or more
jurors determines that death is not the 
23appropriate sentence,
the
court shall sentence the defendant to 
24a term of imprisonment under
Chapter V of the Unified Code of 
25Corrections.

26 (h) Procedure - No Jury.

 
 
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1 In a proceeding before the court alone, if the court finds 
2that none
of the factors found in subsection (b) exists, the 
3court shall sentence
the defendant to a term of imprisonment 
4under Chapter V of the Unified
Code of Corrections.

5 If the Court determines that one or more of the factors set 
6forth in
subsection (b) exists, the Court shall consider any 
7aggravating and
mitigating factors as indicated in subsection 
8(c). If the Court
determines, after weighing the factors in 
9aggravation and mitigation, that
death is the appropriate 
10sentence, the Court shall sentence the
defendant to death.

11 If
the court finds that death is not the
appropriate 
12sentence, the
court shall sentence the defendant to a term of 
13imprisonment under
Chapter V of the Unified Code of 
14Corrections.

15 (h-5) Decertification as a capital case.

16 In a case in which the defendant has been found guilty of 
17first degree murder
by a judge or jury, or a case on remand for 
18resentencing, and the State seeks
the death penalty as an 
19appropriate
sentence,
on the court's own motion or the written 
20motion of the defendant, the court
may decertify the case as a 
21death penalty case if the court finds that the only
evidence 
22supporting the defendant's conviction is the uncorroborated 
23testimony
of an informant witness, as defined in Section 115-21 
24of the Code of Criminal
Procedure of 1963, concerning the 
25confession or admission of the defendant or
that the sole 
26evidence against the defendant is a single eyewitness or single

 
 
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1accomplice without any other corroborating evidence.
If the 
2court decertifies the case as a capital case
under either of 
3the grounds set forth above, the court shall issue a
written 
4finding. The State may pursue its right to appeal the 
5decertification
pursuant to Supreme Court Rule 604(a)(1). If 
6the court does not
decertify the case as a capital case, the 
7matter shall proceed to the
eligibility phase of the sentencing 
8hearing.

9 (i) Appellate Procedure.

10 The conviction and sentence of death shall be subject to 
11automatic
review by the Supreme Court. Such review shall be in 
12accordance with
rules promulgated by the Supreme Court.
The 
13Illinois Supreme Court may overturn the death sentence, and 
14order the
imposition of imprisonment under Chapter V of the 
15Unified Code of
Corrections if the court finds that the death 
16sentence is fundamentally
unjust as applied to the particular 
17case.
If the Illinois Supreme Court finds that the
death 
18sentence is fundamentally unjust as applied to the particular 
19case,
independent of any procedural grounds for relief, the 
20Illinois Supreme Court
shall issue a written opinion explaining 
21this finding.

22 (j) Disposition of reversed death sentence.

23 In the event that the death penalty in this Act is held to 
24be
unconstitutional by the Supreme Court of the United States 
25or of the
State of Illinois, any person convicted of first 
26degree murder shall be
sentenced by the court to a term of 
 
 
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1imprisonment under Chapter V of the
Unified Code of 
2Corrections.

3 In the event that any death sentence pursuant to the 
4sentencing
provisions of this Section is declared 
5unconstitutional by the Supreme
Court of the United States or 
6of the State of Illinois, the court having
jurisdiction over a 
7person previously sentenced to death shall cause the
defendant 
8to be brought before the court, and the court shall sentence

9the defendant to a term of imprisonment under Chapter V of the

10Unified Code of Corrections.

11 (k) Guidelines for seeking the death penalty.

12 The Attorney General and
State's Attorneys Association 
13shall consult on voluntary guidelines for
procedures governing 
14whether or not to seek the death penalty. The guidelines
do not

15have the force of law and are only advisory in nature.

16(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18; 
17100-513, eff. 1-1-18; revised 10-5-17.)




18 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)


19 Sec. 12-2. Aggravated assault. 

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

9(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, 
10eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; 
1199-816, eff. 8-15-16.)



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



13 Sec. 12-3.05. Aggravated battery. 

14 (a) Offense based on injury. A person commits aggravated 
15battery when, in committing a battery, other than by the 
16discharge of a firearm, he or she knowingly does any of the 
17following:
18  (1) Causes great bodily harm or permanent disability or 
19 disfigurement.
20  (2) Causes severe and permanent disability, great 
21 bodily harm, or disfigurement by means of a caustic or 
22 flammable substance, a poisonous gas, a deadly biological 
23 or chemical contaminant or agent, a radioactive substance, 
24 or a bomb or explosive compound.
25  (3) Causes great bodily harm or permanent disability or 
 
 
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1 disfigurement to an individual whom the person knows to be 
2 a peace officer, community policing volunteer, fireman, 
3 private security officer, correctional institution 
4 employee, or Department of Human Services employee 
5 supervising or controlling sexually dangerous persons or 
6 sexually violent persons:
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  (4) Causes great bodily harm or permanent disability or 
13 disfigurement to an individual 60 years of age or older.
14  (5) Strangles another individual. 
15 (b) Offense based on injury to a child or person with an 
16intellectual disability. A person who is at least 18 years of 
17age commits aggravated battery when, in committing a battery, 
18he or she knowingly and without legal justification by any 
19means:
20  (1) causes great bodily harm or permanent disability or 
21 disfigurement to any child under the age of 13 years, or to 
22 any person with a severe or profound intellectual 
23 disability; or
24  (2) causes bodily harm or disability or disfigurement 
25 to any child under the age of 13 years or to any person 
26 with a severe or profound intellectual disability. 
 
 
10000SB0561sam001- 22 -LRB100 04864 RLC 38845 a


1 (c) Offense based on location of conduct. A person commits 
2aggravated battery when, in committing a battery, other than by 
3the discharge of a firearm, he or she is or the person battered 
4is on or about a public way, public property, a public place of 
5accommodation or amusement, a sports venue, or a domestic 
6violence shelter, or in a church, synagogue, mosque, or other 
7building, structure, or place used for religious worship.
8 (d) Offense based on status of victim. A person commits 
9aggravated battery when, in committing a battery, other than by 
10discharge of a firearm, he or she knows the individual battered 
11to be any of the following:
12  (1) A person 60 years of age or older.
13  (2) A person who is pregnant or has a physical 
14 disability.
15  (3) A teacher or school employee upon school grounds or 
16 grounds adjacent to a school or in any part of a building 
17 used for school purposes.
18  (4) A peace officer, community policing volunteer, 
19 fireman, private security officer, correctional 
20 institution employee, or Department of Human Services 
21 employee supervising or controlling sexually dangerous 
22 persons or sexually violent persons:
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 
 
 
10000SB0561sam001- 23 -LRB100 04864 RLC 38845 a


1 or her official duties.
2  (5) A judge, emergency management worker, emergency 
3 medical services personnel, or utility worker:
4   (i) performing his or her official duties;
5   (ii) battered to prevent performance of his or her 
6 official duties; or
7   (iii) battered in retaliation for performing his 
8 or her official duties.
9  (6) An officer or employee of the State of Illinois, a 
10 unit of local government, or a school district, while 
11 performing his or her official duties.
12  (7) A transit employee performing his or her official 
13 duties, or a transit passenger.
14  (8) A taxi driver on duty.
15  (9) A merchant who detains the person for an alleged 
16 commission of retail theft under Section 16-26 of this Code 
17 and the person without legal justification by any means 
18 causes bodily harm to the merchant.
19  (10) A person authorized to serve process under Section 
20 2-202 of the Code of Civil Procedure or a special process 
21 server appointed by the circuit court while that individual 
22 is in the performance of his or her duties as a process 
23 server.
24  (11) A nurse while in the performance of his or her 
25 duties as a nurse. 
26 (e) Offense based on use of a firearm. A person commits 
 
 
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1aggravated battery when, in committing a battery, he or she 
2knowingly does any of the following:
3  (1) Discharges a firearm, other than a machine gun or a 
4 firearm equipped with a silencer, and causes any injury to 
5 another person.
6  (2) Discharges a firearm, other than a machine gun or a 
7 firearm equipped with a silencer, and causes any injury to 
8 a person he or she knows to be a peace officer, community 
9 policing volunteer, person summoned by a police officer, 
10 fireman, private security officer, correctional 
11 institution employee, or emergency management worker:
12   (i) performing his or her official duties;
13   (ii) battered to prevent performance of his or her 
14 official duties; or
15   (iii) battered in retaliation for performing his 
16 or her official duties.
17  (3) Discharges a firearm, other than a machine gun or a 
18 firearm equipped with a silencer, and causes any injury to 
19 a person he or she knows to be emergency medical services 
20 personnel:
21   (i) performing his or her official duties;
22   (ii) battered to prevent performance of his or her 
23 official duties; or
24   (iii) battered in retaliation for performing his 
25 or her official duties.
26  (4) Discharges a firearm and causes any injury to a 
 
 
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1 person he or she knows to be a teacher, a student in a 
2 school, or a school employee, and the teacher, student, or 
3 employee is upon school grounds or grounds adjacent to a 
4 school or in any part of a building used for school 
5 purposes.
6  (5) Discharges a machine gun or a firearm equipped with 
7 a silencer, and causes any injury to another person.
8  (6) Discharges a machine gun or a firearm equipped with 
9 a silencer, and causes any injury to a person he or she 
10 knows to be a peace officer, community policing volunteer, 
11 person summoned by a police officer, fireman, private 
12 security officer, correctional institution employee or 
13 emergency management worker:
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  (7) Discharges a machine gun or a firearm equipped with 
20 a silencer, and causes any injury to a person he or she 
21 knows to be emergency medical services personnel:
22   (i) performing his or her official duties;
23   (ii) battered to prevent performance of his or her 
24 official duties; or
25   (iii) battered in retaliation for performing his 
26 or her official duties.
 
 
10000SB0561sam001- 26 -LRB100 04864 RLC 38845 a


1  (8) 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 teacher, or a student in a school, or a 
4 school employee, and the teacher, student, or employee is 
5 upon school grounds or grounds adjacent to a school or in 
6 any part of a building used for school purposes. 
7 (f) Offense based on use of a weapon or device. A person 
8commits aggravated battery when, in committing a battery, he or 
9she does any of the following:
10  (1) Uses a deadly weapon other than by discharge of a 
11 firearm, or uses an air rifle as defined in Section 
12 24.8-0.1 of this Code.
13  (2) Wears a hood, robe, or mask to conceal his or her 
14 identity.
15  (3) Knowingly and without lawful justification shines 
16 or flashes a laser gunsight or other laser device attached 
17 to a firearm, or used in concert with a firearm, so that 
18 the laser beam strikes upon or against the person of 
19 another.
20  (4) Knowingly video or audio records the offense with 
21 the intent to disseminate the recording. 
22 (g) Offense based on certain conduct. A person commits 
23aggravated battery when, other than by discharge of a firearm, 
24he or she does any of the following:
25  (1) Violates Section 401 of the Illinois Controlled 
26 Substances Act by unlawfully delivering a controlled 
 
 
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1 substance to another and any user experiences great bodily 
2 harm or permanent disability as a result of the injection, 
3 inhalation, or ingestion of any amount of the controlled 
4 substance.
5  (2) Knowingly administers to an individual or causes 
6 him or her to take, without his or her consent or by threat 
7 or deception, and for other than medical purposes, any 
8 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
9 or controlled substance, or gives to another person any 
10 food containing any substance or object intended to cause 
11 physical injury if eaten.
12  (3) Knowingly causes or attempts to cause a 
13 correctional institution employee or Department of Human 
14 Services employee to come into contact with blood, seminal 
15 fluid, urine, or feces by throwing, tossing, or expelling 
16 the fluid or material, and the person is an inmate of a 
17 penal institution or is a sexually dangerous person or 
18 sexually violent person in the custody of the Department of 
19 Human Services.
20 (h) Sentence. Unless otherwise provided, aggravated 
21battery is a Class 3 felony.
22 Aggravated battery as defined in subdivision (a)(4), 
23(d)(4), or (g)(3) is a Class 2 felony.
24 Aggravated battery as defined in subdivision (a)(3) or 
25(g)(1) is a Class 1 felony.
26 Aggravated battery as defined in subdivision (a)(1) is a 
 
 
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1Class 1 felony when the aggravated battery was intentional and 
2involved the infliction of torture, as defined in paragraph 
3(14) of subsection (b) of Section 9-1 of this Code, as the 
4infliction of or subjection to extreme physical pain, motivated 
5by an intent to increase or prolong the pain, suffering, or 
6agony of the victim. 
7 Aggravated battery as defined in subdivision (a)(1) is a 
8Class 1 felony when the person causes great bodily harm or 
9permanent disability to an individual whom the person knows to 
10be a member of a congregation engaged in prayer or other 
11religious activities at a church, synagogue, mosque, or other 
12building, structure, or place used for religious worship. 
13 Aggravated battery under subdivision (a)(5) is a
Class 1 
14felony if:
15  (A) the person used or attempted to use a dangerous

16 instrument while committing the offense; or
17  (B) the person caused great bodily harm or
permanent 
18 disability or disfigurement to the other
person while 
19 committing the offense; or
20  (C) the person has been previously convicted of a

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

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

23 state. 
24 Aggravated battery as defined in subdivision (e)(1) is a 
25Class X felony.
26 Aggravated battery as defined in subdivision (a)(2) is a 
 
 
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1Class X felony for which a person shall be sentenced to a term 
2of imprisonment of a minimum of 6 years and a maximum of 45 
3years.
4 Aggravated battery as defined in subdivision (e)(5) is a 
5Class X felony for which a person shall be sentenced to a term 
6of imprisonment of a minimum of 12 years and a maximum of 45 
7years.
8 Aggravated battery as defined in subdivision (e)(2), 
9(e)(3), or (e)(4) is a Class X felony for which a person shall 
10be sentenced to a term of imprisonment of a minimum of 15 years 
11and a maximum of 60 years.
12 Aggravated battery as defined in subdivision (e)(6), 
13(e)(7), or (e)(8) is a Class X felony for which a person shall 
14be sentenced to a term of imprisonment of a minimum of 20 years 
15and a maximum of 60 years.
16 Aggravated battery as defined in subdivision (b)(1) is a 
17Class X felony, except that:
18  (1) if the person committed the offense while armed 
19 with a firearm, 15 years shall be added to the term of 
20 imprisonment imposed by the court;
21  (2) if, during the commission of the offense, the 
22 person personally discharged a firearm, 20 years shall be 
23 added to the term of imprisonment imposed by the court;
24  (3) if, during the commission of the offense, the 
25 person personally discharged a firearm that proximately 
26 caused great bodily harm, permanent disability, permanent 
 
 
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1 disfigurement, or death to another person, 25 years or up 
2 to a term of natural life shall be added to the term of 
3 imprisonment imposed by the court.
4 (i) Definitions. For the purposes of this Section:
5 "Building or other structure used to provide shelter" has 
6the meaning ascribed to "shelter" in Section 1 of the Domestic 
7Violence Shelters Act.
8 "Domestic violence" has the meaning ascribed to it in 
9Section 103 of the Illinois Domestic Violence Act of 1986.
10 "Domestic violence shelter" means any building or other 
11structure used to provide shelter or other services to victims 
12or to the dependent children of victims of domestic violence 
13pursuant to the Illinois Domestic Violence Act of 1986 or the 
14Domestic Violence Shelters Act, or any place within 500 feet of 
15such a building or other structure in the case of a person who 
16is going to or from such a building or other structure.
17 "Firearm" has the meaning provided under Section 1.1
of the 
18Firearm Owners Identification Card Act, and does
not include an 
19air rifle as defined by Section 24.8-0.1 of this Code. 
20 "Machine gun" has the meaning ascribed to it in Section 
2124-1 of this Code.
22 "Merchant" has the meaning ascribed to it in Section 16-0.1 
23of this Code. 
24 "Strangle" means
intentionally impeding the normal 
25breathing or circulation of the blood of an individual by 
26applying pressure on the throat
or neck of that individual or 
 
 
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1by blocking the nose or mouth of
that individual. 

2(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, 
3eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)





4 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


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

6 (a) A person commits the offense of unlawful use of weapons 
7when
he knowingly:

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

13 blade that opens automatically by hand pressure applied to 
14 a button,
spring or other device in the handle of the 
15 knife, or a ballistic knife,
which is a device that propels 
16 a knifelike blade as a projectile by means
of a coil 
17 spring, elastic material or compressed gas; or

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

23  (2.5) Carries or possesses with intent to use the same 
24 unlawfully against another, any firearm, knife, or other 
25 dangerous weapon, in any school church, synagogue, mosque, 
 
 
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1 or other building, structure, or place used for religious 
2 worship; or 
3  (3) Carries on or about his person or in any vehicle, a 
4 tear gas gun
projector or bomb or any object containing 
5 noxious liquid gas or
substance, other than an object 
6 containing a non-lethal noxious liquid gas
or substance 
7 designed solely for personal defense carried by a person 18

8 years of age or older; or

9  (4) Carries or possesses in any vehicle or concealed on 
10 or about his
person except when on his land or in his own 
11 abode, legal dwelling, or fixed place of
business, or on 
12 the land or in the legal dwelling of another person as an 
13 invitee with that person's permission, any pistol, 
14 revolver, stun gun or taser or other firearm, except
that

15 this subsection (a) (4) does not apply to or affect 
16 transportation of weapons
that meet one of the following 
17 conditions:

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

19   (ii) are not immediately accessible; or

20   (iii) are unloaded and enclosed in a case, firearm 
21 carrying box,
shipping box, or other container by a 
22 person who has been issued a currently
valid Firearm 
23 Owner's
Identification Card; or
24   (iv) are carried or possessed in accordance with 
25 the Firearm Concealed Carry Act by a person who has 
26 been issued a currently valid license under the Firearm 
 
 
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1 Concealed Carry Act; or 

2  (5) Sets a spring gun; or

3  (6) Possesses any device or attachment of any kind 
4 designed, used or
intended for use in silencing the report 
5 of any firearm; or

6  (7) Sells, manufactures, purchases, possesses or 
7 carries:

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

19 possession or under the control of a person;

20   (ii) any rifle having one or
more barrels less than 
21 16 inches in length or a shotgun having one or more

22 barrels less than 18 inches in length or any weapon 
23 made from a rifle or
shotgun, whether by alteration, 
24 modification, or otherwise, if such a weapon
as 
25 modified has an overall length of less than 26 inches; 
26 or

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

6  (8) Carries or possesses any firearm, stun gun or taser 
7 or other
deadly weapon in any place which is licensed to 
8 sell intoxicating
beverages, or at any public gathering 
9 held pursuant to a license issued
by any governmental body 
10 or any public gathering at which an admission
is charged, 
11 excluding a place where a showing, demonstration or lecture

12 involving the exhibition of unloaded firearms is 
13 conducted.

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

17 engaged
in firearm safety training courses; or

18  (9) Carries or possesses in a vehicle or on or about 
19 his person any
pistol, revolver, stun gun or taser or 
20 firearm or ballistic knife, when
he is hooded, robed or 
21 masked in such manner as to conceal his identity; or

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

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

9   (ii) are not immediately accessible; or

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

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

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

4  (11) Sells, manufactures or purchases any explosive 
5 bullet. For purposes
of this paragraph (a) "explosive 
6 bullet" means the projectile portion of
an ammunition 
7 cartridge which contains or carries an explosive charge 
8 which
will explode upon contact with the flesh of a human 
9 or an animal.
"Cartridge" means a tubular metal case having 
10 a projectile affixed at the
front thereof and a cap or 
11 primer at the rear end thereof, with the
propellant 
12 contained in such tube between the projectile and the cap; 
13 or

14  (12) (Blank); or

15  (13) Carries or possesses on or about his or her person 
16 while in a building occupied by a unit of government, a 
17 billy club, other weapon of like character, or other 
18 instrument of like character intended for use as a weapon. 
19 For the purposes of this Section, "billy club" means a 
20 short stick or club commonly carried by police officers 
21 which is either telescopic or constructed of a solid piece 
22 of wood or other man-made material. 
23 (b) Sentence. A person convicted of a violation of 
24subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

25subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
26Class A
misdemeanor.
A person convicted of a violation of 
 
 
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1subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
2person
convicted of a violation of subsection 24-1(a)(6) or 
324-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
4convicted of a violation of subsection
24-1(a)(7)(i) commits a 
5Class 2 felony and shall be sentenced to a term of imprisonment 
6of not less than 3 years and not more than 7 years, unless the 
7weapon is possessed in the
passenger compartment of a motor 
8vehicle as defined in Section 1-146 of the
Illinois Vehicle 
9Code, or on the person, while the weapon is loaded, in which

10case it shall be a Class X felony. A person convicted of a

11second or subsequent violation of subsection 24-1(a)(4), 
1224-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
13felony. A person convicted of a violation of subsection 
1424-1(a)(2.5) commits a Class 1 felony. The possession of each 
15weapon in violation of this Section constitutes a single and 
16separate violation.

17 (c) Violations in specific places.

18  (1) A person who violates subsection 24-1(a)(6) or 
19 24-1(a)(7) in any
school, regardless of the time of day or 
20 the time of year, in residential
property owned, operated 
21 or managed by a public housing agency or
leased by
a public 
22 housing agency as part of a scattered site or mixed-income

23 development, in a
public park, in a courthouse, on the real 
24 property comprising any school,
regardless of the
time of 
25 day or the time of year, on residential property owned, 
26 operated
or
managed by a public housing agency
or leased by 
 
 
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1 a public housing agency as part of a scattered site or

2 mixed-income development,
on the real property comprising 
3 any
public park, on the real property comprising any 
4 courthouse, in any conveyance
owned, leased or contracted 
5 by a school to
transport students to or from school or a 
6 school related activity, in any conveyance
owned, leased, 
7 or contracted by a public transportation agency, or on any

8 public way within 1,000 feet of the real property 
9 comprising any school,
public park, courthouse, public 
10 transportation facility, or residential property owned, 
11 operated, or managed
by a public housing agency
or leased 
12 by a public housing agency as part of a scattered site or

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

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

12 commits a Class 3 felony.

13  (2) A person who violates subsection 24-1(a)(1), 
14 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
15 time of day or the time of year, in
residential property 
16 owned, operated or managed by a public housing
agency
or 
17 leased by a public housing agency as part of a scattered 
18 site or
mixed-income development,
in
a public park, in a 
19 courthouse, on the real property comprising any school,

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

11 this State for the conduct of official business.

12  (3) Paragraphs (1), (1.5), and (2) of this subsection 
13 (c) shall not
apply to law
enforcement officers or security 
14 officers of such school, college, or
university or to 
15 students carrying or possessing firearms for use in 
16 training
courses, parades, hunting, target shooting on 
17 school ranges, or otherwise with
the consent of school 
18 authorities and which firearms are transported unloaded

19 enclosed in a suitable case, box, or transportation 
20 package.

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

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

 
 
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1 persons by means available to the general public, except 
2 for transportation
by automobiles not used for conveyance 
3 of the general public as passengers; and "public 
4 transportation facility" means a terminal or other place

5 where one may obtain public transportation.

6 (d) The presence in an automobile other than a public 
7omnibus of any
weapon, instrument or substance referred to in 
8subsection (a)(7) is
prima facie evidence that it is in the 
9possession of, and is being
carried by, all persons occupying 
10such automobile at the time such
weapon, instrument or 
11substance is found, except under the following
circumstances: 
12(i) if such weapon, instrument or instrumentality is
found upon 
13the person of one of the occupants therein; or (ii) if such

14weapon, instrument or substance is found in an automobile 
15operated for
hire by a duly licensed driver in the due, lawful 
16and proper pursuit of
his trade, then such presumption shall 
17not apply to the driver.

18 (e) Exemptions.
19  (1) Crossbows, Common or Compound bows and Underwater

20 Spearguns are exempted from the definition of ballistic 
21 knife as defined in
paragraph (1) of subsection (a) of this 
22 Section.
23  (2) The provision of paragraph (1) of subsection (a) of 
24 this Section prohibiting the sale, manufacture, purchase, 
25 possession, or carrying of any knife, commonly referred to 
26 as a switchblade knife, which has a
blade that opens 
 
 
10000SB0561sam001- 42 -LRB100 04864 RLC 38845 a


1 automatically by hand pressure applied to a button,
spring 
2 or other device in the handle of the knife, does not apply 
3 to a person who possesses a currently valid Firearm Owner's 
4 Identification Card previously issued in his or her name by 
5 the Department of State Police or to a person or an entity 
6 engaged in the business of selling or manufacturing 
7 switchblade knives. 

8(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)".