HB 1467 — CRIMINAL LAW-TECH

*LRB10003291RLC13296b* HB1467 100THEngrossed GENERALLRB100 ASSEMBLY03291 StateRLC of13296 Illinoisb andAN 2018ACT HB1467concerning bycriminal Rep.law.

Michael J.

Madigan SYNOPSIS AS INTRODUCED:

ILCS 5/9-1 from Ch.

38, par.

9-1 Section concerning first degree murder.kes a technical change in a LRB100 03291 RLC 13296 b A BILL FOR HB1467 LRB100 03291 RLC 13296 b AN ACT concerning criminal law.

The Criminal Code of 2012 is amended by changing Section 9-124-1 as follows:

(720 ILCS 5/9-1)5/24-1) (from Ch.

9-1)24-1) Sec.

9-1.24-1.

FirstUnlawful degreeuse Murderof -weapons. Death penalties - Exceptions - Separate Hearings - Proof - Findings - Appellate procedures - Reversals.

(a) A person who kills an individual without lawful justification commits firstthe degreeoffense murderof if,unlawful inuse performingof theweapons thewhen actshe whichknowingly: cause the death:

(1) heSells, eithermanufactures, intendspurchases, topossesses killor carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles or doother greatknuckle bodilyweapon harmregardless of its composition, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that individualopens automatically by hand pressure applied to a button, spring or another,other device in the handle of the knife, or knowsa ballistic knife, which is a device that suchpropels actsa willknifelike causeblade deathas toa thatprojectile individualby means of a coil spring, elastic material or another;compressed gas;

or (2) heCarries knowsor thatpossesses suchwith actsintent createto use the same unlawfully against another, a strongdagger, probabilitydirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of deathglass, stun gun or greattaser bodilyor harmany toother thatdangerous individualor HB1467 Engrossed - 2 - LRB100 03291 RLC 13296 b deadly weapon or another;instrument of like character;

or (3) heCarries ison attemptingor about his person or committingin any vehicle, a forcibletear felonygas gun projector or bomb or any object containing noxious liquid gas or substance, other than secondan degreeobject murder.containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older;

(b)or Aggravating(4) Factors.Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his 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 pistol, revolver, stun gun or taser or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions:

A(i) defendantare whobroken atdown thein timea ofnon-functioning thestate; commission of the offense has attained the age of 18 or more and who has been found guilty of first degree murder may be HB1467 - 2 - LRB100 03291 RLC 13296 b sentenced to death if:

(1) the murdered individual was a peace officer or fireman(ii) killedare innot theimmediately courseaccessible; of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman;

or (2)(iii) theare murderedunloaded individualand wasenclosed an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, killed in thea coursecase, offirearm performingcarrying hisbox, officialshipping duties,box, to prevent the performance of his official duties, or inother retaliationcontainer forby performinga hisperson officialwho duties,has orbeen theissued murdereda individualcurrently wasvalid anFirearm inmateOwner's atIdentification suchCard; institution or facility and was killed on the grounds thereof, or the murdered individual was otherwise present in such institution or facility with the knowledge and approval of the chief administrative officer thereof;

or (3)(iv) theare defendantcarried has been convicted of murdering two or morepossessed individualsin underaccordance subsectionwith (a) of this Section or under any law of the UnitedFirearm StatesConcealed orCarry ofAct anyby statea which is substantially similar to subsection (a) of this Section regardless of whether the deaths occurred as the result of the same act or of several related or unrelated acts so long as the deaths were the result of either an intent to kill more than one person orwho ofhas separatebeen actsissued which the HB1467 - 3 - LRB100 03291 RLC 13296 b defendant knew would cause death or create a strongcurrently probabilityvalid oflicense deathunder or great bodily harm to the murderedFirearm individualConcealed orCarry another;Act;

or (4)HB1467 theEngrossed murdered- individual3 was- killedLRB100 as03291 aRLC result13296 ofb the(5) hijackingSets ofa anspring airplane,gun; train, ship, bus or other public conveyance;

or (5)(6) thePossesses defendantany committeddevice the murder pursuant to a contract, agreement or understandingattachment byof whichany hekind wasdesigned, toused receive money or anythingintended offor valueuse in returnsilencing for committing the murderreport or procured another to commit the murder for money or anything of value;any firearm;

or (6)(7) theSells, murderedmanufactures, individualpurchases, waspossesses killedor incarries: the course of another felony if:

(a)(i) a machine gun, which shall be defined for the murderedpurposes individual:of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without manually reloading by a single function of the trigger, including the frame or receiver of any such weapon, or sells, manufactures, purchases, possesses, or carries any combination of parts designed or intended for use in converting any weapon into a machine gun, or any combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person;

(i)(i-5) was90 actuallydays killedafter by the defendant,effective ordate (ii) received physical injuries personally inflicted by the defendant substantially contemporaneously with physical injuries caused by one or more persons for whose conduct the defendant is legally accountable under Section 5-2 of this Code,amendatory andAct of the physical100th injuriesGeneral inflictedAssembly, bya eitherbump thestock defendant or thetrigger othercrank. person or persons for whose conduct he is legally accountable caused the death of the murdered individual;

andAs (b)used in performing the acts which caused the death of the murdered individual or which resulted in HB1467 - 4 - LRB100 03291 RLC 13296 b physical injuries personally inflicted by the defendant on the murdered individual under the circumstances of subdivision (ii) of subparagraph (a) of paragraph (6) of subsection (b) of this Section,clause the(i-5): defendant acted with the intent to kill the murdered individual or with the knowledge that his acts created a strong probability of death or great bodily harm to the murdered individual or another;

and"Bump (c)stock" means any device for a weapon that increases the otherrate felonyof wasfire anachievable inherentlywith violentthe crimeweapon orby using energy from the attemptrecoil of the weapon to commitgenerate ana inherentlyreciprocating violentaction crime.that facilitates repeated activation of the trigger of HB1467 Engrossed - 4 - LRB100 03291 RLC 13296 b the weapon.

In"Trigger thiscrank" subparagraphmeans (c),any "inherentlydevice violentto crime"be includes,attached butto isa notweapon limitedthat to,repeatedly armedactivates robbery,the robbery,trigger predatory criminal sexual assault of athe child,weapon aggravatedthrough criminalthe sexualuse assault,of aggravateda kidnapping,lever aggravatedor vehicularother hijacking,part aggravatedthat arson,is aggravatedturned stalking,in residentiala burglary,circular andmotion; home invasion;

(ii) any rifle having one or (7)more thebarrels murderedless individualthan was16 underinches 12in yearslength ofor agea andshotgun thehaving deathone resultedor more barrels less than 18 inches in length or any weapon made from exceptionallya brutalrifle or heinousshotgun, behaviorwhether indicativeby alteration, modification, or otherwise, if such a weapon as modified has an overall length of wantonless cruelty;than 26 inches;

or (8)(iii) theany defendantbomb, committedbomb-shell, thegrenade, murderbottle withor intentother tocontainer preventcontaining thean murderedexplosive individualsubstance fromof testifyingover orone-quarter participatingounce infor anylike criminalpurposes, investigationsuch oras, prosecutionbut ornot givinglimited materialto, assistanceblack topowder thebombs Stateand inMolotov anycocktails investigation or prosecution,artillery eitherprojectiles; against the defendant or another;

or the(8) defendantCarries committedor thepossesses murderany becausefirearm, HB1467stun -gun 5or -taser LRB100or 03291other RLCdeadly 13296weapon bin theany murderedplace individualwhich wasis alicensed witnessto insell anyintoxicating prosecutionbeverages, or gaveat materialany assistancepublic gathering held pursuant to thea Statelicense inissued by any investigationgovernmental body or prosecution,any eitherpublic againstgathering theat defendantwhich an admission is charged, excluding a place where a showing, demonstration or another;lecture involving the exhibition of unloaded firearms is conducted.

forThis purposessubsection of(a)(8) thisdoes paragraphnot (8),apply "participatingto in any criminalauction investigation or prosecution"HB1467 isEngrossed intended- 5 - LRB100 03291 RLC 13296 b raffle of a firearm held pursuant to includea thoselicense appearingor inpermit theissued proceedingsby ina anygovernmental capacitybody, suchnor asdoes trialit judges,apply prosecutors,to defensepersons attorneys,engaged investigators,in witnesses,firearm orsafety jurors;training courses;

or (9) theCarries defendant,or whilepossesses committingin ana offensevehicle punishable under Sections 401, 401.1, 401.2, 405, 405.2, 407 or 407.1on or subsectionabout (b)his ofperson Sectionany 404pistol, ofrevolver, thestun Illinoisgun Controlledor Substancestaser Act, or whilefirearm engaged in a conspiracy or solicitationballistic toknife, commitwhen suchhe offense,is intentionallyhooded, killedrobed an individual or counseled,masked commanded,in induced,such procuredmanner oras causedto theconceal intentionalhis killingidentity; of the murdered individual;

or (10) Carries or possesses on or about his person, upon any public street, alley, or other public lands within the defendantcorporate waslimits incarceratedof ina city, village or incorporated town, except when an institutioninvitee thereon or facilitytherein, for the purpose of the Departmentdisplay of Correctionssuch atweapon or the timelawful ofcommerce thein murder,weapons, andor whileexcept committingwhen anon offensehis punishableland asor ain felonyhis underown Illinoisabode, law,legal dwelling, or whilefixed engagedplace inof abusiness, conspiracyor on the land or solicitationin tothe commitlegal suchdwelling offense,of intentionallyanother killedperson as an individualinvitee with that person's permission, any pistol, revolver, stun gun or counseled,taser commanded,or induced,other procuredfirearm, except that this subsection (a) (10) does not apply to or causedaffect thetransportation intentionalof killingweapons that meet one of the murderedfollowing individual;conditions:

or(i) (11)are thebroken murderdown was committed in a cold,non-functioning calculatedstate; and premeditated manner pursuant to a preconceived plan, HB1467 - 6 - LRB100 03291 RLC 13296 b scheme or design to take a human life by unlawful means, and the conduct of the defendant created a reasonable expectation that the death of a human being would result therefrom;

or (12)(ii) theare murderednot individualimmediately wasaccessible; an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit, killed in the course of performing his official duties, to prevent the performance of his official duties, or in retaliation for performing his official duties, and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistance or first aid personnel;

or (13)(iii) theare defendantunloaded wasand aenclosed principalin administrator, organizer, or leader of a calculatedcase, criminalfirearm drugcarrying conspiracybox, consistingshipping ofbox, aor hierarchical position of authority superior to that of all other memberscontainer ofby thea conspiracy,person andwho thehas defendantbeen counseled,issued commanded,a induced,currently procured,valid orFirearm causedOwner's theIdentification intentionalCard; killing of the murdered person;

or (14)(iv) theare murdercarried wasor intentionalpossessed andin involvedaccordance thewith HB1467 Engrossed - 76 - LRB100 03291 RLC 13296 b inflictionthe ofFirearm torture.Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act.

ForA the"stun purposegun ofor taser", as used in this Sectionparagraph torture(a) means the(i) inflictionany ofdevice which is powered by electrical charging units, such as, batteries, and which fires one or subjectionseveral barbs attached to extremea physicallength pain,of motivatedwire byand anwhich, intentupon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to increaserender him incapable of normal functioning or prolong(ii) theany pain,device sufferingwhich is powered by electrical charging units, such as batteries, and which, upon contact with a human or agonyclothing worn by a human, can send out current capable of disrupting the victim;person's nervous system in such a manner as to render him incapable of normal functioning;

or (15)(11) theSells, murdermanufactures wasor committedpurchases asany aexplosive resultbullet. of the intentional discharge of a firearm by the defendant from a motor vehicle and the victim was not present within the motor vehicle;