Bill Amendment: IL SB0556 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CRIMINAL LAW-TECH

Status: 2019-01-09 - Session Sine Die [SB0556 Detail]

Download: Illinois-2017-SB0556-Senate_Amendment_002.html

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Sen. Antonio Muñoz

Filed: 5/22/2017

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AMENDMENT TO SENATE BILL 556
AMENDMENT NO. ______. Amend Senate Bill 556 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Section 24-1.6 as follows:
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
(1) carries Carries on or about his or her person or in
any vehicle or concealed on or about his or her person
except when on his or her land or in his or her abode,
legal dwelling, or fixed place of business, or on the land
or in the legal dwelling of another person as an invitee
with that person's permission, any firearm other than a
semi-automatic assault weapon pistol, revolver, stun gun,

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or taser or other firearm; or
(2) carries Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of the such weapon
or the lawful commerce in weapons, or except when on his or
her own land or in his or her own abode, legal dwelling, or
fixed place of business, or on the land or in the legal
dwelling of another person as an invitee with that person's
permission, any firearm other than a semi-automatic
assault weapon pistol, revolver, stun gun, or taser or
other firearm; and
(3) one One of the following factors is present:
(A) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, loaded, and
immediately accessible at the time of the offense; or
(A-5) the pistol, revolver, or handgun possessed
was uncased, loaded, and immediately accessible at the
time of the offense and the person possessing the
pistol, revolver, or handgun has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(B) the firearm, other than a pistol, revolver, or
handgun, possessed was uncased, unloaded, and the
ammunition for the weapon was immediately accessible

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at the time of the offense; or
(B-5) the pistol, revolver, or handgun possessed
was uncased, unloaded, and the ammunition for the
weapon was immediately accessible at the time of the
offense and the person possessing the pistol,
revolver, or handgun has not been issued a currently
valid license under the Firearm Concealed Carry Act; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in
a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled
Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;
or
(F) (blank); or
(G) the person possessing the weapon had an a order
of protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged in
the commission or attempted commission of a

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misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun, unless the
person under 21 is engaged in lawful activities under
the Wildlife Code or described in subsection
24-2(b)(1), (b)(3), or 24-2(f).
(a-4) A person commits aggravated unlawful use of a weapon
when he or she knowingly:
(1) carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any semi-automatic assault
weapon; or
(2) carries or possesses on or about his or her person,
upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated
town, except when an invitee thereon or therein, for the
purpose of the display of the semi-automatic assault weapon
or the lawful commerce in semi-automatic assault weapons,
or except when on his or her own land or in his or her own
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission, any semi-automatic

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assault weapon; and
(3) one of the following factors is present:
(A) the semi-automatic assault weapon, other than
a pistol, revolver, or handgun, possessed was uncased,
loaded, and immediately accessible at the time of the
offense; or
(B) a semi-automatic assault weapon that is a
pistol, revolver, or handgun possessed was uncased,
loaded, and immediately accessible at the time of the
offense and the person possessing the semi-automatic
assault weapon has not been issued a currently valid
license under the Firearm Concealed Carry Act; or
(C) the semi-automatic assault weapon, other than
a pistol, revolver, or handgun, possessed was uncased,
unloaded, and the ammunition for the semi-automatic
assault weapon was immediately accessible at the time
of the offense; or
(D) a semi-automatic assault weapon that is a
pistol, revolver, or handgun possessed was uncased,
unloaded, and the ammunition for the semi-automatic
assault weapon was immediately accessible at the time
of the offense and the person possessing the
semi-automatic assault weapon has not been issued a
currently valid license under the Firearm Concealed
Carry Act; or
(E) the person possessing the semi-automatic

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assault weapon has not been issued a currently valid
Firearm Owner's Identification Card; or
(F) the person possessing the semi-automatic
assault weapon was previously adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for an act
that if committed by an adult would be a felony; or
(G) the person possessing the semi-automatic
assault weapon was engaged in a misdemeanor violation
of the Cannabis Control Act, in a misdemeanor violation
of the Illinois Controlled Substances Act, or in a
misdemeanor violation of the Methamphetamine Control
and Community Protection Act; or
(H) the person possessing the semi-automatic
assault weapon had an order of protection issued
against him or her within the previous 2 years; or
(I) the person possessing the semi-automatic
assault weapon was engaged in the commission or
attempted commission of a misdemeanor involving the
use or threat of violence against the person or
property of another; or
(J) the person possessing the semi-automatic
assault weapon was under 21 years of age and in
possession of a semi-automatic assault weapon handgun,
unless the person under 21 is engaged in lawful
activities under the Wildlife Code or described in
subsection 24-2(b)(1), (b)(3), or 24-2(f).

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(a-5) "Handgun" as used in this Section has the meaning
given to it in Section 5 of the Firearm Concealed Carry Act.
"Semi-automatic assault weapon" as used in this Section
means:
(1) any of the firearms or types, replicas, or
duplicates regardless of caliber, known as:
(A) Norinco, Mitchell, and Poly Technologies
Avtomat Kalashnikovs (all models);
(B) Action Arms Israeli Military Industries UZI
and Galil;
(C) Beretta AR-70 (SC-70);
(D) Colt AR-15;
(E) Fabrique Nationale FN/FAL, FN/LAR, and FNC;
(F) SWD M-10, M-11, M-11/9, and M-12;
(G) Steyr AUG;
(H) INTRATEC TEC-9, TEC-DC9, and TEC-22; or
(I) any shotgun which contains its ammunition in a
revolving cylinder, such as (but not limited to) the
Street Sweeper and Striker 12;
(2) a semi-automatic rifle or pump action rifle that
has an ability to accept a detachable magazine and has any
of the following:
(A) a folding or telescoping stock;
(B) a pistol grip or thumbhole stock;
(C) a shroud that is attached to, or partially or
completely encircles the barrel, and that permits the

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shooter to hold the firearm with the non-trigger hand
without being burned;
(3) a semi-automatic pistol that has an ability to
accept a detachable magazine and has any of the following:
(A) a folding, telescoping, or thumbhole stock;
(B) a shroud that is attached to, or partially or
completely encircles the barrel, and that permits the
shooter to hold the firearm with the non-trigger hand
without being burned; an ammunition magazine that
attaches to the pistol outside of the pistol grip;
(C) a manufactured weight of 50 ounces or more when
the pistol is unloaded; or
(D) a semi-automatic version of an automatic
firearm;
(4) a semi-automatic rifle or pistol with a fixed
magazine that has the capacity to accept more than 10
rounds of ammunition;
(5) a semi-automatic shotgun that has any of the
following:
(A) a folding or telescoping stock;
(B) a pistol grip or thumbhole stock;
(C) a fixed magazine capacity in excess of 5
rounds; or
(D) an ability to accept a detachable magazine.
"Semi-automatic assault weapon" does not include:
(1) any firearm that:

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(A) is manually prepared by bolt, pump, lever, or
slide action;
(B) is an unserviceable firearm or has been made
permanently inoperable;
(C) is an antique firearm; or
(D) is a rifle with a fixed tubular magazine
located under the barrel that is only capable of
holding rounds of ammunition placed end to end; or
(2) any air rifle as defined in Section 24.8-0.1 of
this Code.
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a person
who has been issued a currently valid Firearm Owner's
Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon under
subsection (a) of this Section is a Class 4 felony; a
second or subsequent offense under subsection (a) of this
Section is a Class 2 felony for which the person shall be
sentenced to a term of imprisonment of not less than 3

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years and not more than 7 years.
(1.5) Aggravated unlawful use of a weapon under
subsection (a-4) of this Section is a Class 3 felony; a
second or subsequent offense under subsection (a-4) of this
Section is a Class 1 felony for which the person shall be
sentenced to a term of imprisonment of not less than 4
years.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon under subsection (a) of this
Section committed with a firearm by a person 18 years of
age or older where the factors listed in both items (A) and
(C) or both items (A-5) and (C) of paragraph (3) of
subsection (a) are present is a Class 4 felony, for which
the person shall be sentenced to a term of imprisonment of
not less than one year and not more than 3 years.
(2.5) Except as otherwise provided in paragraphs (3.5)
and (4) of this subsection (d), a first offense of
aggravated unlawful use of a weapon under subsection (a-4)
of this Section committed with a semi-automatic assault
weapon by a person 18 years of age or older where the
factors listed in both items (A) and (E) or both items (B)
and (E) of paragraph (3) of subsection (a-4) are present is
a Class 3 felony, for which the person shall be sentenced
to a term of imprisonment of not less than 2 years.
(3) Aggravated unlawful use of a weapon under

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subsection (a) of this Section by a person who has been
previously convicted of a felony in this State or another
jurisdiction is a Class 2 felony for which the person shall
be sentenced to a term of imprisonment of not less than 3
years and not more than 7 years.
(3.5) Aggravated unlawful use of a weapon under
subsection (a-4) of this Section by a person who has been
previously convicted of a felony in this State or another
jurisdiction is a Class 1 felony for which the person shall
be sentenced to a term of imprisonment of not less than 4
years.
(4) Aggravated unlawful use of a weapon under
subsection (a) of this Section while wearing or in
possession of body armor as defined in Section 33F-1 of
this Code by a person who has not been issued a valid
Firearm Firearms Owner's Identification Card under in
accordance with Section 5 of the Firearm Owners
Identification Card Act is a Class X felony.
(4.5) Aggravated unlawful use of a semi-automatic
assault weapon under subsection (a-4) of this Section while
wearing or in possession of body armor as defined in
Section 33F-1 of this Code by a person who has not been
issued a valid Firearm Owner's Identification Card under
Section 5 of the Firearm Owners Identification Card Act is
a Class X felony with a minimum term of imprisonment of not
less than 7 years.

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(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)".