101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2534

 

Introduced 1/28/2020, 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.


LRB101 15441 RLC 64746 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2534LRB101 15441 RLC 64746 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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
8felons or persons in the custody of the Department of
9Corrections facilities.
10    (a) It is unlawful for a person to knowingly possess in any
11vehicle or on or about his person or on his land or in his own
12abode or fixed place of business any weapon prohibited under
13Section 24-1 of this Act or any firearm or any firearm
14ammunition if the person has been convicted of a felony under
15the laws of this State or any other jurisdiction. This Section
16shall not apply if the person has been granted relief by the
17Director of the Department of State Police under Section 10 of
18the Firearm Owners Identification Card Act.
19    (b) It is unlawful for any person confined in a penal
20institution, which is a facility of the Illinois Department of
21Corrections, to possess any weapon prohibited under Section
2224-1 of this Code or any firearm or firearm ammunition,
23regardless of the intent with which he possesses it.

 

 

SB2534- 2 -LRB101 15441 RLC 64746 b

1    (c) It shall be an affirmative defense to a violation of
2subsection (b), that such possession was specifically
3authorized by rule, regulation, or directive of the Illinois
4Department of Corrections or order issued pursuant thereto.
5    (d) The defense of necessity is not available to a person
6who is charged with a violation of subsection (b) of this
7Section.
8    (e) Sentence. Violation of this Section by a person not
9confined in a penal institution shall be a Class 3 felony for
10which the person shall be sentenced to no less than 2 years and
11no more than 10 years. A second or subsequent violation of this
12Section shall be a Class 2 felony for which the person shall be
13sentenced to a term of imprisonment of not less than 3 years
14and not more than 14 years, except as provided for in Section
155-4.5-110 of the Unified Code of Corrections. Violation of this
16Section by a person not confined in a penal institution who has
17been convicted of a forcible felony, a felony violation of
18Article 24 of this Code or of the Firearm Owners Identification
19Card Act, stalking or aggravated stalking, or a Class 2 or
20greater felony under the Illinois Controlled Substances Act,
21the Cannabis Control Act, or the Methamphetamine Control and
22Community Protection Act is a Class 2 felony for which the
23person shall be sentenced to not less than 3 years and not more
24than 14 years, except as provided for in Section 5-4.5-110 of
25the Unified Code of Corrections. Violation of this Section by a
26person who is on parole or mandatory supervised release is a

 

 

SB2534- 3 -LRB101 15441 RLC 64746 b

1Class 2 felony for which the person shall be sentenced to not
2less than 3 years and not more than 14 years, except as
3provided for in Section 5-4.5-110 of the Unified Code of
4Corrections. Violation of this Section by a person not confined
5in a penal institution is a Class X felony when the firearm
6possessed is a machine gun. Any person who violates this
7Section while confined in a penal institution, which is a
8facility of the Illinois Department of Corrections, is guilty
9of a Class 1 felony, if he possesses any weapon prohibited
10under Section 24-1 of this Code regardless of the intent with
11which he possesses it, a Class X felony if he possesses any
12firearm, firearm ammunition or explosive, and a Class X felony
13for which the offender shall be sentenced to not less than 12
14years and not more than 50 years when the firearm possessed is
15a machine gun. A violation of this Section while wearing or in
16possession of body armor as defined in Section 33F-1 is a Class
17X felony punishable by a term of imprisonment of not less than
1810 years and not more than 40 years. The possession of each
19firearm or firearm ammunition in violation of this Section
20constitutes a single and separate violation.
21(Source: P.A. 100-3, eff. 1-1-18.)