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Judiciary II - Criminal Law Committee
Filed: 3/4/2010
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09600HB5832ham001 |
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LRB096 19058 RLC 37264 a |
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| AMENDMENT TO HOUSE BILL 5832
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| AMENDMENT NO. ______. Amend House Bill 5832 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Criminal Code of 1961 is amended by |
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| changing Section 24-1.6 as follows:
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| (720 ILCS 5/24-1.6) |
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| Sec. 24-1.6. Aggravated unlawful use of a weapon. |
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| (a) A person commits the offense of aggravated unlawful use |
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| of a weapon when
he or she knowingly: |
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| (1) Carries on or about his or her person or in any |
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| vehicle or concealed
on or about his or her person except |
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| when on his or her land or in his or her
abode, legal |
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| dwelling, or fixed place of business, or on the land or in |
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| the legal dwelling of another person as an invitee with |
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| that person's permission, any pistol, revolver, stun gun or |
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| taser or
other firearm; or |
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09600HB5832ham001 |
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LRB096 19058 RLC 37264 a |
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| (2) Carries or possesses on or about his or her person, |
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| upon any public
street, alley, or other public lands within |
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| the corporate limits of a city,
village or incorporated |
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| town, except when an invitee thereon or therein, for
the |
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| purpose of the display of such weapon or the lawful |
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| commerce in weapons, or
except when on his or her own land |
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| or in his or her own abode, legal dwelling, or fixed place |
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| of
business, or on the land or in the legal dwelling of |
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| another person as an invitee with that person's permission, |
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| any pistol, revolver, stun gun or taser or other firearm; |
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| and |
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| (3) One of the following factors is present: |
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| (A) the firearm possessed was uncased, loaded and |
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| immediately accessible
at the time of the offense; or |
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| (B) the firearm possessed was uncased, unloaded |
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| and the ammunition for
the weapon was immediately |
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| accessible at the time of the offense; or |
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| (C) the person possessing the firearm has not been |
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| issued a currently
valid Firearm Owner's |
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| Identification Card; or |
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| (D) the person possessing the weapon was |
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| previously adjudicated
a delinquent minor under the |
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| Juvenile Court Act of 1987 for an act that if
committed |
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| by an adult would be a felony; or |
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| (E) the person possessing the weapon was engaged in |
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| a misdemeanor
violation of the Cannabis
Control Act, in |
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09600HB5832ham001 |
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LRB096 19058 RLC 37264 a |
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| a misdemeanor violation of the Illinois Controlled |
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| Substances
Act, or in a misdemeanor violation of the |
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| Methamphetamine Control and Community Protection Act; |
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| or |
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| (F) (blank); or |
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| (G) the person possessing the weapon had a order of |
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| protection issued
against him or her within the |
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| previous 2 years; or |
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| (H) the person possessing the weapon was engaged in |
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| the commission or
attempted commission of
a |
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| misdemeanor involving the use or threat of violence |
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| against
the person or property of another; or |
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| (I) the person possessing the weapon was under 21 |
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| years of age and in
possession of a handgun as defined |
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| in Section 24-3, unless the person under 21
is engaged |
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| in lawful activities under the Wildlife Code or |
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| described in
subsection 24-2(b)(1), (b)(3), or |
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| 24-2(f). |
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| (b) "Stun gun or taser" as used in this Section has the |
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| same definition
given to it in Section 24-1 of this Code. |
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| (c) This Section does not apply to or affect the |
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| transportation or
possession
of weapons that: |
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| (i) are broken down in a non-functioning state; or |
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| (ii) are not immediately accessible; or |
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| (iii) are unloaded and enclosed in a case, firearm |
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| carrying box,
shipping box, or other container by a |
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09600HB5832ham001 |
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LRB096 19058 RLC 37264 a |
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| person who has been issued a currently
valid Firearm |
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| Owner's
Identification Card. |
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| (d) Sentence. |
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| (1) Aggravated unlawful use of a weapon is a Class 4 |
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| felony;
a second or subsequent offense is a Class 2 felony |
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| for which the person shall be sentenced to a term of |
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| imprisonment of not less than 3 years and not more than 7 |
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| years. |
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| (2) Except as otherwise provided in paragraphs (3) and |
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| (4) of this subsection (d), a first offense of aggravated |
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| unlawful use of a weapon committed with a firearm by a |
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| person 18 years of age or older where the factors listed in |
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| both items (A) and (C) of paragraph (3) of subsection (a) |
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| are present is a Class 4 felony, for which the person shall |
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| be sentenced to a term of imprisonment of not less than one |
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| year and not more than 3 years. |
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| (3) Aggravated unlawful use of
a weapon by a person who |
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| has been previously
convicted of a felony in this State or |
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| another jurisdiction is a Class 2
felony for which the |
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| person shall be sentenced to a term of imprisonment of not |
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| less than 3 years and not more than 7 years. |
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| (4) Aggravated unlawful use of a weapon while wearing |
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| or in possession of body armor as defined in Section 33F-1 |
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| by a person who has not been issued a valid Firearms |
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| Owner's Identification Card in accordance with Section 5 of |
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| the Firearm Owners Identification Card Act is a Class X |