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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3389 Introduced 2/17/2023, by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED:
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720 ILCS 5/7-1 | from Ch. 38, par. 7-1 |
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Amends the Criminal Code of 2012. Provides that a person is not justified in the use of force against another if the person is a streetgang member or gang member and is in possession of a firearm in violation of the Deadly Weapons Article of the Code, the Firearm Owners Identification Card Act, or the Firearm Concealed Carry Act. Provides that a person is not justified in the use of force against another if the person is a convicted felon. Defines "streetgang member" and "gang member".
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| | A BILL FOR |
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| | HB3389 | | LRB103 05078 RLC 55771 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 |
| 5 | | changing Section 7-1 as follows:
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| 6 | | (720 ILCS 5/7-1) (from Ch. 38, par. 7-1)
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| 7 | | Sec. 7-1. Use of
force in defense of person. |
| 8 | | (a) A person is justified in the use of force against |
| 9 | | another when and to
the extent that he reasonably believes |
| 10 | | that such conduct is necessary to
defend himself or another |
| 11 | | against such other's imminent use of unlawful
force. However, |
| 12 | | he is justified in the use of force which is intended or
likely |
| 13 | | to cause death or great bodily harm only if he reasonably |
| 14 | | believes
that such force is necessary to prevent imminent |
| 15 | | death or great bodily harm
to himself or another, or the |
| 16 | | commission of a forcible felony. |
| 17 | | (b) In no case shall any act involving the use of force |
| 18 | | justified under this Section give rise to any claim or |
| 19 | | liability brought by or on behalf of any person acting within |
| 20 | | the definition of "aggressor" set forth in Section 7-4 of this |
| 21 | | Article, or the estate, spouse, or other family member of such |
| 22 | | a person, against the person or estate of the person using such |
| 23 | | justified force, unless the use of force involves willful or |