HB1039ham001 94TH GENERAL ASSEMBLY

Judiciary II - Criminal Law Committee

Filed: 3/3/2005

09400HB1039ham001 LRB094 03415 RLC 42462 a

AMENDMENT TO HOUSE BILL 1039

AMENDMENT NO. ______. Amend House Bill 1039 on page 1, by replacing lines 4 through 22 with the following:

"Section 5. The Criminal Code of 1961 is amended by adding Section 24-1.7 as follows:

(720 ILCS 5/24-1.7 new)

Sec. 24-1.7. Armed habitual criminal.

(a) A person commits the offense of being an armed habitual criminal if he or she receives, sells, possesses, or transfers any firearm after having been convicted a total of 2 or more times of any combination of the following offenses:

(1) a forcible felony as defined in Section 2-8 of this Code;

(2) unlawful use of a weapon by a felon; aggravated unlawful use of a weapon; aggravated discharge of a firearm; vehicular hijacking; aggravated vehicular hijacking; aggravated battery of a child; intimidation; aggravated intimidation; gunrunning; home invasion; or aggravated battery with a firearm; or

(3) any violation of the Illinois Controlled Substances Act or the Cannabis Control Act that is punishable as a Class 3 felony or higher.

(b) Sentence. Being an armed habitual criminal is a Class X felony.".