HB4390 93RD GENERAL ASSEMBLY

LRB093 14979 RLC 40548 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4390

Introduced 02/03/04, by Dan Brady

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-10 new

Amends the Criminal Code of 1961. Creates the offense of unlawful use of a look-alike handgun. Provides that it is unlawful to use or display a device that a reasonable person would believe is a handgun but that is not a handgun with the intent to use the device in the commission or attempted commission of a criminal offense. Provides that a violation is a Class 4 felony. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 24-10 as follows:

(720 ILCS 5/24-10 new)

Sec. 24-10. Unlawful use of a look-alike handgun.

(a) A person commits the offense of unlawful use of a look-alike handgun when he or she uses or displays a look-alike handgun with the intent to use the look-alike handgun in the commission or attempted commission of a criminal offense.

(b) Sentence. Unlawful use of a look-alike handgun is a Class 4 felony.

(c) Definition. In this Section, "look-alike handgun" means a device that (1) by overall appearance, including shape, color, size, markings or lack of any markings, or any other identifying physical characteristic of the device, would lead a reasonable person to believe that the device is a handgun as defined in clause (h)(2) of subsection (A) of Section 24-3 or (2) is expressly or impliedly represented to be a handgun during the commission or attempted commission of a criminal offense or is distributed under circumstances that would lead a reasonable person to believe that the device is a handgun.

Section 99. Effective date. This Act takes effect upon becoming law.