Judiciary II - Criminal Law Committee
Filed: 3/4/2010
 
 

 




 

 		












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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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        (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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        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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        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 
 


 






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    felony.

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    (e) The possession of each firearm in violation of this 
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Section constitutes a single and separate violation.
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(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; 
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96-829, eff. 12-3-09.)".