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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||||||||||||||||||||||
5 | Sections 24-1.1 and 24-1.6 as follows:
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6 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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7 | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||||||||||||||||||||||||
8 | Felons or
Persons in the Custody of the
Department of | ||||||||||||||||||||||||||
9 | Corrections Facilities. | ||||||||||||||||||||||||||
10 | (a) It is unlawful
for a person to knowingly possess on or | ||||||||||||||||||||||||||
11 | about his person or on his land or
in his own abode or fixed | ||||||||||||||||||||||||||
12 | place of business any weapon prohibited under
Section 24-1 of | ||||||||||||||||||||||||||
13 | this Act or any firearm or any firearm ammunition if the
person | ||||||||||||||||||||||||||
14 | has been convicted of a felony under the laws of this State or | ||||||||||||||||||||||||||
15 | any
other jurisdiction. This Section shall not apply if the | ||||||||||||||||||||||||||
16 | person has been
granted relief by the Director of the | ||||||||||||||||||||||||||
17 | Department of State Police
under Section 10 of the Firearm | ||||||||||||||||||||||||||
18 | Owners Identification
Card Act.
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19 | (b) It is unlawful for any person confined in a penal | ||||||||||||||||||||||||||
20 | institution,
which is a facility of the Illinois Department of | ||||||||||||||||||||||||||
21 | Corrections, to possess
any weapon prohibited under Section | ||||||||||||||||||||||||||
22 | 24-1 of this Code or any firearm or
firearm ammunition, | ||||||||||||||||||||||||||
23 | regardless of the intent with which he possesses it.
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1 | (c) It shall be an affirmative defense to a violation of | ||||||
2 | subsection (b), that such possession was specifically | ||||||
3 | authorized by rule,
regulation, or directive of the Illinois | ||||||
4 | Department of Corrections or order
issued pursuant thereto.
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5 | (d) The defense of necessity is not available to a person | ||||||
6 | who is charged
with a violation of subsection (b) of this | ||||||
7 | Section.
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8 | (e) Sentence. Violation of this Section by a person not | ||||||
9 | confined
in a penal institution shall be a Class 3 felony
for | ||||||
10 | which the person shall be sentenced to no less than 5 2 years | ||||||
11 | and no
more than 10 years and any second or subsequent | ||||||
12 | violation shall be a Class 2 felony for which the person shall | ||||||
13 | be sentenced to a term of imprisonment of not less than 7 3 | ||||||
14 | years and not more than 14 years. Violation of this Section by | ||||||
15 | a person not confined in a
penal institution who has been | ||||||
16 | convicted of a forcible felony, a felony
violation of Article | ||||||
17 | 24 of this Code or of the Firearm Owners Identification
Card | ||||||
18 | Act, stalking or aggravated stalking, or a Class 2 or greater | ||||||
19 | felony
under the Illinois Controlled Substances Act, the | ||||||
20 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
21 | Community Protection Act is a
Class 2 felony for which the | ||||||
22 | person
shall be sentenced to not less than 7 3 years and not | ||||||
23 | more than 14 years.
Violation of this Section by a person who | ||||||
24 | is on parole or mandatory supervised
release is a Class 2 | ||||||
25 | felony for which the person shall be sentenced to not less than | ||||||
26 | 7 3 years and not more than 14
years. Violation of this Section |
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1 | by a person not confined in a penal
institution is a Class X | ||||||
2 | felony when the firearm possessed is a machine gun.
Any person | ||||||
3 | who violates this Section while confined in a penal
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4 | institution, which is a facility of the Illinois Department of
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5 | Corrections, is guilty of a Class 1
felony, if he possesses any | ||||||
6 | weapon prohibited under Section 24-1 of this
Code regardless of | ||||||
7 | the intent with which he possesses it, a Class X
felony if he | ||||||
8 | possesses any firearm, firearm ammunition or explosive, and a
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9 | Class X felony for which the offender shall be sentenced to not | ||||||
10 | less than 12
years and not more than 50 years when the firearm | ||||||
11 | possessed is a machine
gun. A violation of this Section while | ||||||
12 | wearing or in possession of body armor as defined in Section | ||||||
13 | 33F-1 is a Class X felony punishable by a term of imprisonment | ||||||
14 | of not less than 10 years and not more than 40 years.
The | ||||||
15 | possession of each firearm or firearm ammunition in violation | ||||||
16 | of this Section constitutes a single and separate violation.
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17 | (Source: P.A. 97-237, eff. 1-1-12.)
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18 | (720 ILCS 5/24-1.6) | ||||||
19 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
20 | (a) A person commits the offense of aggravated unlawful use | ||||||
21 | of a weapon when
he or she knowingly: | ||||||
22 | (1) Carries on or about his or her person or in any | ||||||
23 | vehicle or concealed
on or about his or her person except | ||||||
24 | when on his or her land or in his or her
abode, legal | ||||||
25 | dwelling, or fixed place of business, or on the land or in |
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1 | the legal dwelling of another person as an invitee with | ||||||
2 | that person's permission, any pistol, revolver, stun gun or | ||||||
3 | taser or
other firearm; or | ||||||
4 | (2) Carries or possesses on or about his or her person, | ||||||
5 | upon any public
street, alley, or other public lands within | ||||||
6 | the corporate limits of a city,
village or incorporated | ||||||
7 | town, except when an invitee thereon or therein, for
the | ||||||
8 | purpose of the display of such weapon or the lawful | ||||||
9 | commerce in weapons, or
except when on his or her own land | ||||||
10 | or in his or her own abode, legal dwelling, or fixed place | ||||||
11 | of
business, or on the land or in the legal dwelling of | ||||||
12 | another person as an invitee with that person's permission, | ||||||
13 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
14 | and | ||||||
15 | (3) One of the following factors is present: | ||||||
16 | (A) the firearm possessed was uncased, loaded and | ||||||
17 | immediately accessible
at the time of the offense; or | ||||||
18 | (B) the firearm possessed was uncased, unloaded | ||||||
19 | and the ammunition for
the weapon was immediately | ||||||
20 | accessible at the time of the offense; or | ||||||
21 | (C) the person possessing the firearm has not been | ||||||
22 | issued a currently
valid Firearm Owner's | ||||||
23 | Identification Card; or | ||||||
24 | (D) the person possessing the weapon was | ||||||
25 | previously adjudicated
a delinquent minor under the | ||||||
26 | Juvenile Court Act of 1987 for an act that if
committed |
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1 | by an adult would be a felony; or | ||||||
2 | (E) the person possessing the weapon was engaged in | ||||||
3 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
4 | a misdemeanor violation of the Illinois Controlled | ||||||
5 | Substances
Act, or in a misdemeanor violation of the | ||||||
6 | Methamphetamine Control and Community Protection Act; | ||||||
7 | or | ||||||
8 | (F) (blank); or | ||||||
9 | (G) the person possessing the weapon had a order of | ||||||
10 | protection issued
against him or her within the | ||||||
11 | previous 2 years; or | ||||||
12 | (H) the person possessing the weapon was engaged in | ||||||
13 | the commission or
attempted commission of
a | ||||||
14 | misdemeanor involving the use or threat of violence | ||||||
15 | against
the person or property of another; or | ||||||
16 | (I) the person possessing the weapon was under 21 | ||||||
17 | years of age and in
possession of a handgun as defined | ||||||
18 | in Section 24-3, unless the person under 21
is engaged | ||||||
19 | in lawful activities under the Wildlife Code or | ||||||
20 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
21 | 24-2(f). | ||||||
22 | (b) "Stun gun or taser" as used in this Section has the | ||||||
23 | same definition
given to it in Section 24-1 of this Code. | ||||||
24 | (c) This Section does not apply to or affect the | ||||||
25 | transportation or
possession
of weapons that: | ||||||
26 | (i) are broken down in a non-functioning state; or |
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1 | (ii) are not immediately accessible; or | ||||||
2 | (iii) are unloaded and enclosed in a case, firearm | ||||||
3 | carrying box,
shipping box, or other container by a | ||||||
4 | person who has been issued a currently
valid Firearm | ||||||
5 | Owner's
Identification Card. | ||||||
6 | (d) Sentence. | ||||||
7 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
8 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
9 | for which the person shall be sentenced to a term of | ||||||
10 | imprisonment of not less than 7 3 years and not more than | ||||||
11 | 14 7 years. | ||||||
12 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
13 | (4) of this subsection (d), a first offense of aggravated | ||||||
14 | unlawful use of a weapon committed with a firearm by a | ||||||
15 | person 18 years of age or older where the factors listed in | ||||||
16 | both items (A) and (C) of paragraph (3) of subsection (a) | ||||||
17 | are present is a Class 4 felony, for which the person shall | ||||||
18 | be sentenced to a term of imprisonment of not less than 3 | ||||||
19 | years one year and not more than 6 3 years. | ||||||
20 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
21 | has been previously
convicted of a felony in this State or | ||||||
22 | another jurisdiction is a Class 2
felony for which the | ||||||
23 | person shall be sentenced to a term of imprisonment of not | ||||||
24 | less than 7 3 years and not more than 14 7 years. | ||||||
25 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
26 | or in possession of body armor as defined in Section 33F-1 |
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1 | by a person who has not been issued a valid Firearms | ||||||
2 | Owner's Identification Card in accordance with Section 5 of | ||||||
3 | the Firearm Owners Identification Card Act is a Class X | ||||||
4 | felony.
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5 | (e) The possession of each firearm in violation of this | ||||||
6 | Section constitutes a single and separate violation. | ||||||
7 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
8 | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
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