|
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1418 Introduced 2/7/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
|
| 720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 |
|
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.
|
| |
| | A BILL FOR |
|
|
| | SB1418 | | LRB103 25273 RLC 51617 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 24-1.1 as follows:
|
| 6 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
|
| 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
|
| 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 Illinois State Police
under Section 10 of the |
| 18 | | Firearm Owners Identification
Card Act.
|
| 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.
|
|
| | SB1418 | - 2 - | LRB103 25273 RLC 51617 b |
|
|
| 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.
|
| 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.
|
| 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 |
| 16 | | this Section by a person not confined in a
penal institution |
| 17 | | who has been convicted of a forcible felony, a felony
|
| 18 | | violation of Article 24 of this Code or of the Firearm Owners |
| 19 | | Identification
Card Act, stalking or aggravated stalking, or a |
| 20 | | Class 2 or greater felony
under the Illinois Controlled |
| 21 | | Substances Act, the Cannabis Control Act, or the |
| 22 | | Methamphetamine Control and Community Protection Act is a
|
| 23 | | Class 2 felony for which the person
shall be sentenced to not |
| 24 | | less than 3 years and not more than 14 years, except as |
| 25 | | provided for in Section 5-4.5-110 of the Unified Code of |
| 26 | | Corrections.
Violation of this Section by a person who is on |
|
| | SB1418 | - 3 - | LRB103 25273 RLC 51617 b |
|
|
| 1 | | parole or mandatory supervised
release is a Class 2 felony for |
| 2 | | which the person shall be sentenced to not less than 3 years |
| 3 | | and not more than 14
years, except as provided for in Section |
| 4 | | 5-4.5-110 of the Unified Code of Corrections. Violation of |
| 5 | | this Section by a person not confined in a penal
institution is |
| 6 | | a Class X felony when the firearm possessed is a machine gun.
|
| 7 | | Any person who violates this Section while confined in a penal
|
| 8 | | institution, which is a facility of the Illinois Department of
|
| 9 | | Corrections, is guilty of a Class 1
felony, if he possesses any |
| 10 | | weapon prohibited under Section 24-1 of this
Code regardless |
| 11 | | of the intent with which he possesses it, a Class X
felony if |
| 12 | | he possesses any firearm, firearm ammunition or explosive, and |
| 13 | | a
Class X felony for which the offender shall be sentenced to |
| 14 | | not less than 12
years and not more than 50 years when the |
| 15 | | firearm possessed is a machine
gun. A violation of this |
| 16 | | Section while wearing or in possession of body armor as |
| 17 | | defined in Section 33F-1 is a Class X felony punishable by a |
| 18 | | term of imprisonment of not less than 10 years and not more |
| 19 | | than 40 years.
The possession of each firearm or firearm |
| 20 | | ammunition in violation of this Section constitutes a single |
| 21 | | and separate violation.
|
| 22 | | (Source: P.A. 102-538, eff. 8-20-21.)
|