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91_HB0227eng
HB0227 Engrossed LRB9101242RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 16-1 and 24-1.1 and adding Sections 2-7.1, 16-16,
3 and 16-16.1.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Criminal Code of 1961 is amended by
7 changing Sections 16-1 and 24-1.1 and adding Sections 2-7.1,
8 16-16, and 16-16.1 as follows:
9 (720 ILCS 5/2-7.1 new)
10 Sec. 2-7.1. "Firearm" and "firearm ammunition".
11 "Firearm" and "firearm ammunition" have the meanings ascribed
12 to them in Section 1.1 of the Firearm Owners Identification
13 Card Act.
14 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
15 Sec. 16-1. Theft.
16 (a) A person commits theft when he knowingly:
17 (1) Obtains or exerts unauthorized control over
18 property of the owner; or
19 (2) Obtains by deception control over property of
20 the owner; or
21 (3) Obtains by threat control over property of the
22 owner; or
23 (4) Obtains control over stolen property knowing
24 the property to have been stolen or under such
25 circumstances as would reasonably induce him to believe
26 that the property was stolen; or
27 (5) Obtains or exerts control over property in the
28 custody of any law enforcement agency which is explicitly
29 represented to him by any law enforcement officer or any
30 individual acting in behalf of a law enforcement agency
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1 as being stolen, and
2 (A) Intends to deprive the owner permanently
3 of the use or benefit of the property; or
4 (B) Knowingly uses, conceals or abandons the
5 property in such manner as to deprive the owner
6 permanently of such use or benefit; or
7 (C) Uses, conceals, or abandons the property
8 knowing such use, concealment or abandonment
9 probably will deprive the owner permanently of such
10 use or benefit.
11 The term "firearm" for the purposes of this Section has
12 the meaning ascribed to it in Section 1.1 of the Firearm
13 Owners Identification Card Act.
14 (b) Sentence.
15 (1) Theft of property, other than a firearm, not
16 from the person and not exceeding $300 in value is a
17 Class A misdemeanor.
18 (2) A person who has been convicted of theft of
19 property not from the person and not exceeding $300 in
20 value, other than a firearm and not from the person, who
21 has been previously convicted of any type of theft,
22 robbery, armed robbery, burglary, residential burglary,
23 possession of burglary tools or home invasion is guilty
24 of a Class 4 felony. When a person has any such prior
25 conviction, the information or indictment charging that
26 person shall state such prior conviction so as to give
27 notice of the State's intention to treat the charge as a
28 felony. The fact of such prior conviction is not an
29 element of the offense and may not be disclosed to the
30 jury during trial unless otherwise permitted by issues
31 properly raised during such trial.
32 (3) (Blank). Theft of a firearm not from the person
33 regardless of value is a Class 4 felony. A second or
34 subsequent such offense is a Class 3 felony.
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1 (4) Theft of property from the person not exceeding
2 $300 in value, or theft of property exceeding $300 and
3 not exceeding $10,000 in value, is a Class 3 felony.
4 (5) Theft of property exceeding $10,000 and not
5 exceeding $100,000 in value is a Class 2 felony.
6 (6) Theft of property exceeding $100,000 in value
7 is a Class 1 felony.
8 (7) Theft by deception, as described by paragraph
9 (2) of subsection (a) of this Section, in which the
10 offender obtained money or property valued at $5,000 or
11 more from a victim 60 years of age or older is a Class 2
12 felony.
13 (c) When a charge of theft of property exceeding a
14 specified value is brought, the value of the property
15 involved is an element of the offense to be resolved by the
16 trier of fact as either exceeding or not exceeding the
17 specified value.
18 (Source: P.A. 89-377, eff. 8-18-95.)
19 (720 ILCS 5/16-16 new)
20 Sec. 16-16. Possession of a stolen firearm.
21 (a) A person commits possession of a stolen firearm when
22 he or she, not being entitled to the possession of a firearm,
23 possesses or delivers the firearm, knowing it to have been
24 stolen or converted. It may be inferred that a person who
25 possesses a firearm with knowledge that its serial number has
26 been removed or altered has knowledge that the firearm is
27 stolen or converted.
28 (b) Possession of a stolen firearm is a Class 2 felony.
29 (720 ILCS 5/16-16.1 new)
30 Sec. 16-16.1. Aggravated possession of a stolen firearm.
31 (a) A person commits aggravated possession of a stolen
32 firearm when he or she:
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1 (1) Not being entitled to the possession of not
2 less than 2 and not more than 5 firearms, possesses or
3 delivers those firearms at the same time or within a one
4 year period, knowing the firearms to have been stolen or
5 converted.
6 (2) Not being entitled to the possession of not
7 less than 6 and not more than 10 firearms, possesses or
8 delivers those firearms at the same time or within a 2
9 year period, knowing the firearms to have been stolen or
10 converted.
11 (3) Not being entitled to the possession of not
12 less than 11 and not more than 20 firearms, possesses or
13 delivers those firearms at the same time or within a 3
14 year period, knowing the firearms to have been stolen or
15 converted.
16 (4) Not being entitled to the possession of not
17 less than 21 and not more than 30 firearms, possesses or
18 delivers those firearms at the same time or within a 4
19 year period, knowing the firearms to have been stolen or
20 converted.
21 (5) Not being entitled to the possession of not
22 less than 31 and not more than 40 firearms, possesses or
23 delivers those firearms at the same time or within a 5
24 year period, knowing the firearms to have been stolen or
25 converted.
26 (6) Not being entitled to the possession of more
27 than 40 firearms possesses or delivers those firearms at
28 the same time or within a 6 year period, knowing the
29 firearms to have been stolen or converted.
30 (b) It may be inferred that a person who possesses a
31 firearm with knowledge that its serial number has been
32 removed or altered has knowledge that the firearm is stolen
33 or converted.
34 (c) Sentence.
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1 (1) A person who violates paragraph (1) of
2 subsection (a) of this Section commits a Class 2 felony.
3 (2) A person who violates paragraph (2) of
4 subsection (a) of this Section commits a Class 1 felony.
5 (3) A person who violates paragraph (3) of
6 subsection (a) of this Section commits a Class X felony
7 for which he or she shall be sentenced to a term of
8 imprisonment of not less than 6 years and not more than
9 30 years.
10 (4) A person who violates paragraph (4) of
11 subsection (a) of this Section commits a Class X felony
12 for which he or she shall be sentenced to a term of
13 imprisonment of not less than 6 years and not more than
14 40 years.
15 (5) A person who violates paragraph (5) of
16 subsection (a) of this Section commits a Class X felony
17 for which he or she shall be sentenced to a term of
18 imprisonment of not less than 6 years and not more than
19 50 years.
20 (6) A person who violates paragraph (6) of
21 subsection (a) of this Section commits a Class X felony
22 for which he or she shall be sentenced to a term of
23 imprisonment of not less than 6 years and not more than
24 60 years.
25 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
26 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
27 Felons or Persons in the Custody of the Department of
28 Corrections Facilities.
29 (a) It is unlawful for a person to knowingly possess on
30 or about his person or on his land or in his own abode or
31 fixed place of business any weapon prohibited under Section
32 24-1 of this Act or any firearm or any firearm ammunition if
33 the person has been convicted of a felony under the laws of
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1 this State or any other jurisdiction. This Section shall not
2 apply if the person has been granted relief by the Director
3 of the Department of State Police under Section 10 of the
4 Firearm Owners Identification Card Act.
5 (b) It is unlawful for any person confined in a penal
6 institution, which is a facility of the Illinois Department
7 of Corrections, to possess any weapon prohibited under
8 Section 24-1 of this Code or any firearm or firearm
9 ammunition, regardless of the intent with which he possesses
10 it.
11 (c) It shall be an affirmative defense to a violation of
12 subsection (b), that such possession was specifically
13 authorized by rule, regulation, or directive of the Illinois
14 Department of Corrections or order issued pursuant thereto.
15 (d) The defense of necessity is not available to a
16 person who is charged with a violation of subsection (b) of
17 this Section.
18 (e) Sentence. Violation of this Section by a person not
19 confined in a penal institution shall be a Class 3 felony for
20 which the person, if sentenced to a term of imprisonment,
21 shall be sentenced to no less than 2 years and no more than
22 10 years. Violation of this Section by a person not confined
23 in a penal institution who has been convicted of a forcible
24 felony, a felony violation of Article 24 of this Code or of
25 the Firearm Owners Identification Card Act, stalking or
26 aggravated stalking, or a Class 2 or greater felony under the
27 Illinois Controlled Substances Act or the Cannabis Control
28 Act is a Class 2 felony for which the person, if sentenced to
29 a term of imprisonment, shall be sentenced to not less than 3
30 years and not more than 14 years. Violation of this Section
31 by a person who is on parole or mandatory supervised release
32 is a Class 2 felony for which the person, if sentenced to a
33 term of imprisonment, shall be sentenced to not less than 3
34 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
3 person who violates this Section while confined in a penal
4 institution, which is a facility of the Illinois Department
5 of Corrections, is guilty of a Class 1 felony, if he
6 possesses any weapon prohibited under Section 24-1 of this
7 Code regardless of the intent with which he possesses it, and
8
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