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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1088 Introduced 2/17/2021, by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
| | 720 ILCS 5/24-3.1 | from Ch. 38, par. 24-3.1 |
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Amends the Criminal Code of 2012. Makes a technical change in a Section
concerning the unlawful possession of firearms and firearm ammunition.
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| | A BILL FOR |
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| | HB1088 | | LRB102 03130 RLC 13143 b |
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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 |
| 5 | | changing Section 24-3.1 as follows:
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| 6 | | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
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| 7 | | Sec. 24-3.1. Unlawful possession of firearms and firearm |
| 8 | | ammunition.
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| 9 | | (a) A person commits the
the offense of unlawful |
| 10 | | possession of firearms
or firearm ammunition when:
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| 11 | | (1) He is under 18 years of age and has in his |
| 12 | | possession
any firearm of
a size which may be concealed |
| 13 | | upon the person; or
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| 14 | | (2) He is under 21 years of age, has been convicted of |
| 15 | | a misdemeanor
other than a traffic offense or adjudged |
| 16 | | delinquent and has
any firearms or
firearm ammunition in |
| 17 | | his possession; or
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| 18 | | (3) He is a narcotic addict and has
any firearms or |
| 19 | | firearm ammunition
in his possession; or
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| 20 | | (4) He has been a patient in a mental institution |
| 21 | | within the past 5 years
and has
any firearms or firearm |
| 22 | | ammunition in his possession. For purposes of this |
| 23 | | paragraph (4): |
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| | HB1088 | - 2 - | LRB102 03130 RLC 13143 b |
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| 1 | | "Mental institution" means any hospital, |
| 2 | | institution, clinic, evaluation facility, mental |
| 3 | | health center, or part thereof, which is used |
| 4 | | primarily for the care or treatment of persons with |
| 5 | | mental illness. |
| 6 | | "Patient in a mental institution" means the person |
| 7 | | was admitted, either voluntarily or involuntarily, to |
| 8 | | a mental institution for mental health treatment, |
| 9 | | unless the treatment was voluntary and solely for an |
| 10 | | alcohol abuse disorder and no other secondary |
| 11 | | substance abuse disorder or mental illness; or
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| 12 | | (5) He is a person with an intellectual disability and |
| 13 | | has
any firearms or firearm ammunition
in his possession; |
| 14 | | or
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| 15 | | (6) He has in his possession any explosive bullet.
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| 16 | | For purposes of this paragraph "explosive bullet" means |
| 17 | | the projectile
portion of an ammunition cartridge which |
| 18 | | contains or carries an explosive
charge which will explode |
| 19 | | upon contact with the flesh of a human or an animal.
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| 20 | | "Cartridge" means a tubular metal case having a projectile |
| 21 | | affixed at the
front thereof and a cap or primer at the rear |
| 22 | | end thereof, with the propellant
contained in such tube |
| 23 | | between the projectile and the cap.
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| 24 | | (b) Sentence.
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| 25 | | Unlawful possession of firearms, other than handguns, and |
| 26 | | firearm
ammunition is a Class A misdemeanor. Unlawful |
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| | HB1088 | - 3 - | LRB102 03130 RLC 13143 b |
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| 1 | | possession of handguns is a
Class 4 felony. The possession of |
| 2 | | each firearm or firearm ammunition in violation of this |
| 3 | | Section constitutes a single and separate violation.
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| 4 | | (c) Nothing in paragraph (1) of subsection (a) of this |
| 5 | | Section prohibits
a person under 18 years of age from |
| 6 | | participating in any lawful recreational
activity with a |
| 7 | | firearm such as, but not limited to, practice shooting at
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| 8 | | targets upon established public or private target ranges or |
| 9 | | hunting, trapping,
or fishing in accordance with the Wildlife |
| 10 | | Code or the Fish and Aquatic Life
Code.
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| 11 | | (Source: P.A. 99-143, eff. 7-27-15.)
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