HB2897sam001 98TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/6/2013

09800HB2897sam001 LRB098 07706 RLC 45453 a

AMENDMENT TO HOUSE BILL 2897

AMENDMENT NO. ______. Amend House Bill 2897 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 2012 is amended by changing Sections 33F-1, 33F-2, and 33F-3 as follows:

(720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)

Sec. 33F-1. Definitions. For purposes of this Article:

(a) "Body Armor" means any one of the following:

(1) A military style flak or tactical assault vest which is made of Kevlar or any other similar material or metal, fiberglass, plastic, and nylon plates and designed to be worn over one's clothing for the intended purpose of stopping not only missile fragmentation from mines, grenades, mortar shells and artillery fire but also fire from rifles, machine guns, and small arms.

(2) Soft body armor which is made of Kevlar or any other similar material or metal or any other type of insert and which is lightweight and pliable and which can be easily concealed under a shirt.

(3) A military style recon/surveillance vest which is made of Kevlar or any other similar material and which is lightweight and designed to be worn over one's clothing.

(4) Protective casual clothing which is made of Kevlar or any other similar material and which was originally intended to be used by undercover law enforcement officers or dignitaries and is designed to look like jackets, coats, raincoats, quilted or three piece suit vests.

(a-5) "Crime of violence" means a felony offense that is defined as a crime of violence in Section 2 of the Crime Victims Compensation Act.

(b) "Dangerous weapon" means a Category I, Category II, or Category III weapon as defined in Section 33A-1 of this Code.

(Source: P.A. 91-696, eff. 4-13-00.)

(720 ILCS 5/33F-2) (from Ch. 38, par. 33F-2)

Sec. 33F-2. Unlawful use of body armor. A person commits the offense of unlawful use of body armor when he or she knowingly wears body armor and is in possession of a dangerous weapon, other than a firearm, in the commission or attempted commission of any offense.

(Source: P.A. 93-906, eff. 8-11-04.)

(720 ILCS 5/33F-3) (from Ch. 38, par. 33F-3)

Sec. 33F-3. Sentence. A person convicted of unlawful use of body armor for a first offense shall be guilty of a Class A misdemeanor and for a second or subsequent offense shall be guilty of a Class 4 felony. A person convicted of unlawful use of body armor who has been previously convicted of a felony that is a crime of violence is guilty of a Class 4 felony.

(Source: P.A. 87-521.)".