Full Text of HB5832 96th General Assembly
HB5832eng 96TH GENERAL ASSEMBLY
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HB5832 Engrossed |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 24-1.6 as follows: | 6 |
| (720 ILCS 5/24-1.6) | 7 |
| Sec. 24-1.6. Aggravated unlawful use of a weapon. | 8 |
| (a) A person commits the offense of aggravated unlawful use | 9 |
| of a weapon when
he or she knowingly: | 10 |
| (1) Carries on or about his or her person or in any | 11 |
| vehicle or concealed
on or about his or her person except | 12 |
| when on his or her land or in his or her
abode, legal | 13 |
| dwelling, or fixed place of business, or on the land or in | 14 |
| the legal dwelling of another person as an invitee with | 15 |
| that person's permission, any pistol, revolver, stun gun or | 16 |
| taser or
other firearm; or | 17 |
| (2) Carries or possesses on or about his or her person, | 18 |
| upon any public
street, alley, or other public lands within | 19 |
| the corporate limits of a city,
village or incorporated | 20 |
| town, except when an invitee thereon or therein, for
the | 21 |
| purpose of the display of such weapon or the lawful | 22 |
| commerce in weapons, or
except when on his or her own land | 23 |
| or in his or her own abode, legal dwelling, or fixed place |
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LRB096 19058 RLC 34449 b |
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| of
business, or on the land or in the legal dwelling of | 2 |
| another person as an invitee with that person's permission, | 3 |
| any pistol, revolver, stun gun or taser or other firearm; | 4 |
| and | 5 |
| (3) One of the following factors is present: | 6 |
| (A) the firearm possessed was uncased, loaded and | 7 |
| immediately accessible
at the time of the offense; or | 8 |
| (B) the firearm possessed was uncased, unloaded | 9 |
| and the ammunition for
the weapon was immediately | 10 |
| accessible at the time of the offense; or | 11 |
| (C) the person possessing the firearm has not been | 12 |
| issued a currently
valid Firearm Owner's | 13 |
| Identification Card; or | 14 |
| (D) the person possessing the weapon was | 15 |
| previously adjudicated
a delinquent minor under the | 16 |
| Juvenile Court Act of 1987 for an act that if
committed | 17 |
| by an adult would be a felony; or | 18 |
| (E) the person possessing the weapon was engaged in | 19 |
| a misdemeanor
violation of the Cannabis
Control Act, in | 20 |
| a misdemeanor violation of the Illinois Controlled | 21 |
| Substances
Act, or in a misdemeanor violation of the | 22 |
| Methamphetamine Control and Community Protection Act; | 23 |
| or | 24 |
| (F) (blank); or | 25 |
| (G) the person possessing the weapon had a order of | 26 |
| protection issued
against him or her within the |
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| previous 2 years; or | 2 |
| (H) the person possessing the weapon was engaged in | 3 |
| the commission or
attempted commission of
a | 4 |
| misdemeanor involving the use or threat of violence | 5 |
| against
the person or property of another; or | 6 |
| (I) the person possessing the weapon was under 21 | 7 |
| years of age and in
possession of a handgun as defined | 8 |
| in Section 24-3, unless the person under 21
is engaged | 9 |
| in lawful activities under the Wildlife Code or | 10 |
| described in
subsection 24-2(b)(1), (b)(3), or | 11 |
| 24-2(f). | 12 |
| (b) "Stun gun or taser" as used in this Section has the | 13 |
| same definition
given to it in Section 24-1 of this Code. | 14 |
| (c) This Section does not apply to or affect the | 15 |
| transportation or
possession
of weapons that: | 16 |
| (i) are broken down in a non-functioning state; or | 17 |
| (ii) are not immediately accessible; or | 18 |
| (iii) are unloaded and enclosed in a case, firearm | 19 |
| carrying box,
shipping box, or other container by a | 20 |
| person who has been issued a currently
valid Firearm | 21 |
| Owner's
Identification Card. | 22 |
| (d) Sentence. | 23 |
| (1) Aggravated unlawful use of a weapon is a Class 4 | 24 |
| felony;
a second or subsequent offense is a Class 2 felony | 25 |
| for which the person shall be sentenced to a term of | 26 |
| imprisonment of not less than 3 years and not more than 7 |
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| years. | 2 |
| (2) Except as otherwise provided in paragraphs (3) and | 3 |
| (4) of this subsection (d), a first offense of aggravated | 4 |
| unlawful use of a weapon committed with a firearm by a | 5 |
| person 18 years of age or older where the factors listed in | 6 |
| both items (A) and (C) of paragraph (3) of subsection (a) | 7 |
| are present is a Class 4 felony, for which the person shall | 8 |
| be sentenced to a term of imprisonment of not less than one | 9 |
| year and not more than 3 years. | 10 |
| (3) Aggravated unlawful use of
a weapon by a person who | 11 |
| has been previously
convicted of a felony in this State or | 12 |
| another jurisdiction is a Class 2
felony for which the | 13 |
| person shall be sentenced to a term of imprisonment of not | 14 |
| less than 3 years and not more than 7 years. | 15 |
| (4) Aggravated unlawful use of a weapon while wearing | 16 |
| or in possession of body armor as defined in Section 33F-1 | 17 |
| by a person who has not been issued a valid Firearms | 18 |
| Owner's Identification Card in accordance with Section 5 of | 19 |
| the Firearm Owners Identification Card Act is a Class X | 20 |
| felony.
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| (e) The possession of each firearm in violation of this | 22 |
| Section constitutes a single and separate violation. | 23 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | 24 |
| 96-829, eff. 12-3-09.)
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