Full Text of SB1464 97th General Assembly
SB1464sam001 97TH GENERAL ASSEMBLY | Sen. Dale A. Righter Filed: 4/4/2011
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| 1 | | AMENDMENT TO SENATE BILL 1464
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1464 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 1961 is amended by | 5 | | changing 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 |
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| 1 | | (2) Carries or possesses on or about his or her person, | 2 | | upon any public
street, alley, or other public lands within | 3 | | the corporate limits of a city,
village or incorporated | 4 | | town, except when an invitee thereon or therein, for
the | 5 | | purpose of the display of such weapon or the lawful | 6 | | commerce in weapons, or
except when on his or her own land | 7 | | or in his or her own abode, legal dwelling, or fixed place | 8 | | of
business, or on the land or in the legal dwelling of | 9 | | another person as an invitee with that person's permission, | 10 | | any pistol, revolver, stun gun or taser or other firearm; | 11 | | and | 12 | | (3) One of the following factors is present: | 13 | | (A) the firearm possessed was uncased, loaded and | 14 | | immediately accessible
at the time of the offense; or | 15 | | (B) the firearm possessed was uncased, unloaded | 16 | | and the ammunition for
the weapon was immediately | 17 | | accessible at the time of the offense; or | 18 | | (C) the person possessing the firearm has not been | 19 | | issued a currently
valid Firearm Owner's | 20 | | Identification Card; or | 21 | | (D) the person possessing the weapon was | 22 | | previously adjudicated
a delinquent minor under the | 23 | | Juvenile Court Act of 1987 for an act that if
committed | 24 | | by an adult would be a felony; or | 25 | | (E) the person possessing the weapon was engaged in | 26 | | a misdemeanor
violation of the Cannabis
Control Act, in |
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| 1 | | a misdemeanor violation of the Illinois Controlled | 2 | | Substances
Act, or in a misdemeanor violation of the | 3 | | Methamphetamine Control and Community Protection Act; | 4 | | or | 5 | | (F) (blank); or | 6 | | (G) the person possessing the weapon had a order of | 7 | | protection issued
against him or her within the | 8 | | previous 2 years; or | 9 | | (H) the person possessing the weapon was engaged in | 10 | | the commission or
attempted commission of
a | 11 | | misdemeanor involving the use or threat of violence | 12 | | against
the person or property of another; or | 13 | | (I) the person possessing the weapon was under 21 | 14 | | years of age and in
possession of a handgun as defined | 15 | | in Section 24-3, unless the person under 21
is engaged | 16 | | in lawful activities under the Wildlife Code or | 17 | | described in
subsection 24-2(b)(1), (b)(3), or | 18 | | 24-2(f). | 19 | | (b) "Stun gun or taser" as used in this Section has the | 20 | | same definition
given to it in Section 24-1 of this Code. | 21 | | (c) This Section does not apply to or affect the | 22 | | transportation or
possession
of weapons that: | 23 | | (i) are broken down in a non-functioning state; or | 24 | | (ii) are not immediately accessible; or | 25 | | (iii) are unloaded and enclosed in a case, firearm | 26 | | carrying box,
shipping box, or other container by a |
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| 1 | | person who has been issued a currently
valid Firearm | 2 | | Owner's
Identification Card. | 3 | | (d) Sentence. | 4 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 5 | | felony;
a second or subsequent offense is a Class 2 felony | 6 | | for which the person shall be sentenced to a term of | 7 | | imprisonment of not less than 3 years and not more than 7 | 8 | | years. | 9 | | (2) Except as otherwise provided in paragraphs (3) and | 10 | | (4) of this subsection (d), a first offense of aggravated | 11 | | unlawful use of a weapon committed with a firearm by a | 12 | | person 18 years of age or older , who as an Illinois | 13 | | resident has not been issued a currently valid Firearm | 14 | | Owner's Identification Card, or any similar permit or | 15 | | license to own, possess, or carry a firearm as a | 16 | | non-resident, where the factors listed in both items (A) | 17 | | and (C) of paragraph (3) of subsection (a) are present is a | 18 | | Class 4 felony, for which the person shall be sentenced to | 19 | | a term of imprisonment of not less than one year and not | 20 | | more than 3 years. | 21 | | (3) Aggravated unlawful use of
a weapon by a person who | 22 | | has been previously
convicted of a felony in this State or | 23 | | another jurisdiction is a Class 2
felony for which the | 24 | | person shall be sentenced to a term of imprisonment of not | 25 | | less than 3 years and not more than 7 years. | 26 | | (4) Aggravated unlawful use of a weapon while wearing |
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| 1 | | or in possession of body armor as defined in Section 33F-1 | 2 | | by a person who has not been issued a valid Firearms | 3 | | Owner's Identification Card in accordance with Section 5 of | 4 | | the Firearm Owners Identification Card Act is a Class X | 5 | | felony.
| 6 | | (e) The possession of each firearm in violation of this | 7 | | Section constitutes a single and separate violation. | 8 | | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | 9 | | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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