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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2534 Introduced 1/28/2020, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
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720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 |
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Amends the Criminal Code of 2012. Provides that it is unlawful for a person who has been convicted of a felony to knowingly possess in any vehicle a weapon prohibited under the unlawful use of weapons statute or to knowingly possess firearm ammunition.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | SB2534 | | LRB101 15441 RLC 64746 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,
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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 | | Section 24-1.1 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 in any |
| 11 | | vehicle or on or about his person or on his land or
in his own |
| 12 | | abode or fixed place of business any weapon prohibited under
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| 13 | | Section 24-1 of this Act or any firearm or any firearm |
| 14 | | ammunition if the
person has been convicted of a felony under |
| 15 | | the laws of this State or any
other jurisdiction. This Section |
| 16 | | shall not apply if the person has been
granted relief by the |
| 17 | | Director of the Department of State Police
under Section 10 of |
| 18 | | the Firearm 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 2 years and |
| 11 | | no
more than 10 years. A second or subsequent violation of this |
| 12 | | Section shall be a Class 2 felony for which the person shall be |
| 13 | | sentenced to a term of imprisonment of not less than 3 years |
| 14 | | and not more than 14 years, except as provided for in Section |
| 15 | | 5-4.5-110 of the Unified Code of Corrections. Violation of this |
| 16 | | Section by a person not confined in a
penal institution who has |
| 17 | | been convicted of a forcible felony, a felony
violation of |
| 18 | | Article 24 of this Code or of the Firearm Owners Identification
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| 19 | | Card Act, stalking or aggravated stalking, or a Class 2 or |
| 20 | | greater felony
under the Illinois Controlled Substances Act, |
| 21 | | the Cannabis Control Act, or the Methamphetamine Control and |
| 22 | | Community Protection Act is a
Class 2 felony for which the |
| 23 | | person
shall be sentenced to not less than 3 years and not more |
| 24 | | than 14 years, except as provided for in Section 5-4.5-110 of |
| 25 | | the Unified Code of Corrections.
Violation of this Section by a |
| 26 | | person who is on parole or mandatory supervised
release is a |
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| 1 | | Class 2 felony for which the person shall be sentenced to not |
| 2 | | less than 3 years and not more than 14
years, except as |
| 3 | | provided for in Section 5-4.5-110 of the Unified Code of |
| 4 | | Corrections. Violation of this Section by a person not confined |
| 5 | | in a penal
institution is a Class X felony when the firearm |
| 6 | | possessed is a machine gun.
Any person who violates this |
| 7 | | Section while confined in a penal
institution, which is a |
| 8 | | facility of the Illinois Department of
Corrections, is guilty |
| 9 | | of a Class 1
felony, if he possesses any weapon prohibited |
| 10 | | under Section 24-1 of this
Code regardless of the intent with |
| 11 | | which he possesses it, a Class X
felony if he possesses any |
| 12 | | firearm, firearm ammunition or explosive, and a
Class X felony |
| 13 | | for which the offender shall be sentenced to not less than 12
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| 14 | | years and not more than 50 years when the firearm possessed is |
| 15 | | a machine
gun. A violation of this Section while wearing or in |
| 16 | | possession of body armor as defined in Section 33F-1 is a Class |
| 17 | | X felony punishable by a term of imprisonment of not less than |
| 18 | | 10 years and not more than 40 years.
The possession of each |
| 19 | | firearm or firearm ammunition in violation of this Section |
| 20 | | constitutes a single and separate violation.
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| 21 | | (Source: P.A. 100-3, eff. 1-1-18.)
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