Full Text of HB1469 100th General Assembly
HB1469ham001 100TH GENERAL ASSEMBLY | Rep. Daniel J. Burke Filed: 2/26/2018
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| 1 | | AMENDMENT TO HOUSE BILL 1469
| 2 | | AMENDMENT NO. ______. Amend House Bill 1469 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the Commander | 5 | | Paul Bauer Act. | 6 | | Section 5. The Criminal Code of 2012 is amended by changing | 7 | | Sections 33F-2 and 33F-3 and by adding Section 24-1.9 as | 8 | | follows: | 9 | | (720 ILCS 5/24-1.9 new) | 10 | | Sec. 24-1.9. Delivery or sale of large capacity ammunition | 11 | | feeding devices. | 12 | | (a) In this Section: | 13 | | "Large capacity ammunition feeding device" means: | 14 | | (1) a magazine, belt, drum, feed strip, or similar | 15 | | device that has a capacity of, or that can be readily |
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| 1 | | restored or converted to accept, more than 10 rounds of | 2 | | ammunition; or | 3 | | (2) any combination of parts from which a device | 4 | | described in paragraph (1) of this subsection (a) can be | 5 | | assembled. | 6 | | "Large capacity ammunition feeding device" does not | 7 | | include an attached tubular device designed to accept, and | 8 | | capable of operating only with, .22 caliber rimfire ammunition. | 9 | | "Large capacity ammunition feeding device" does not include a | 10 | | tubular magazine
that is contained in a lever-action firearm or | 11 | | any device that has been made permanently inoperable. | 12 | | (b) Except as provided in subsection (c) of this Section, | 13 | | 90 days after the effective date of this amendatory Act of the | 14 | | 100th General Assembly, it is unlawful for any person within | 15 | | this State to knowingly deliver, sell, purchase, or possess or | 16 | | cause to be delivered, sold, or purchased a large capacity | 17 | | ammunition feeding device. | 18 | | (c) This Section does not apply to or affect any of the | 19 | | following: | 20 | | (1) Peace officers as defined in Section 2-13 of this | 21 | | Code. | 22 | | (2) A local law enforcement agency for the purpose of | 23 | | equipping the agency's peace officers as defined in | 24 | | paragraph (1) of this subsection (c). | 25 | | (3) Wardens, superintendents, and keepers of prisons, | 26 | | penitentiaries, jails, and other institutions for the |
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| 1 | | detention of persons accused or convicted of an offense. | 2 | | (4) Members of the Armed Services or Reserve Forces of | 3 | | the United States or the Illinois National Guard, for the | 4 | | performance of their official duties. | 5 | | (5) Any licensed security officer or guard. | 6 | | (6) Sale of large capacity ammunition feeding devices | 7 | | to persons authorized under subdivisions (1) through (5) of | 8 | | this subsection (c) to possess those devices. | 9 | | (7) Sale of large capacity ammunition feeding devices | 10 | | for sale or transfer in another state. | 11 | | (8) Sale or rental of large capacity ammunition feeding | 12 | | devices for blank-firing assault weapons and .50 caliber | 13 | | rifles, to persons authorized or permitted, or both | 14 | | authorized and permitted to acquire these devices for the | 15 | | purpose of rental for use solely as props for a motion | 16 | | picture, television, or video production or entertainment | 17 | | event. | 18 | | (d) Sentence. A person who knowingly delivers, sells, | 19 | | purchases, or causes to be delivered, sold, or purchased in | 20 | | violation of this Section a large capacity ammunition feeding | 21 | | device capable of holding more than 15 rounds of ammunition | 22 | | commits a Class 3 felony for a first violation and a Class 2 | 23 | | felony for a second or subsequent violation or for delivery or | 24 | | possession of 2 or more of these devices at the same time. Any | 25 | | other violation of this Section is a Class A misdemeanor.
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| 1 | | (720 ILCS 5/33F-2) (from Ch. 38, par. 33F-2)
| 2 | | Sec. 33F-2. Unlawful use of body armor. | 3 | | (a) A person commits unlawful use of body armor when he or | 4 | | she knowingly sells, transfers, purchases, possesses, or wears | 5 | | body armor. | 6 | | (b) A person commits the
offense of unlawful use of body | 7 | | armor when he or she knowingly wears body armor
and is in | 8 | | possession of a dangerous weapon, other than a firearm, in the | 9 | | commission or attempted
commission of any offense.
| 10 | | (c) Subsection (a) of this Section does not apply to or | 11 | | affect any of the following: | 12 | | (1) Peace officers as defined in Section 2-13 of this | 13 | | Code. | 14 | | (2) A local law enforcement agency for the purpose of | 15 | | equipping the agency's peace officers as defined in | 16 | | paragraph (1) of this subsection. | 17 | | (3) Wardens, superintendents, and keepers of prisons, | 18 | | penitentiaries, jails, and other institutions for the | 19 | | detention of persons accused or convicted of an offense. | 20 | | (4) Members of the Armed Services or Reserve Forces of | 21 | | the United States or the Illinois National Guard, for the | 22 | | performance of their official duties. | 23 | | (5) Any licensed security officer or guard. | 24 | | (6) Sale of body armor to persons authorized under | 25 | | subdivisions (1) through (5) of this subsection (c) to | 26 | | possess body armor. |
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| 1 | | (7) Sale of body armor for sale or transfer in another | 2 | | state. | 3 | | (8) Sale or rental of body armor to persons authorized | 4 | | or permitted, or both authorized and permitted to acquire | 5 | | body armor for the purpose of rental for use solely as | 6 | | props for a motion picture, television, or video production | 7 | | or entertainment event. | 8 | | (Source: P.A. 93-906, eff. 8-11-04.)
| 9 | | (720 ILCS 5/33F-3) (from Ch. 38, par. 33F-3)
| 10 | | Sec. 33F-3. Sentence. | 11 | | (1) A person convicted of unlawful use of body armor under | 12 | | subsection (a) of Section 33F-2 for a first offense is guilty | 13 | | of a Class A misdemeanor and for a
second or subsequent offense | 14 | | is guilty of a Class 4 felony. | 15 | | (2) A person convicted of unlawful use of body armor
under | 16 | | subsection (b) of Section 33F-2 for a first offense is shall be | 17 | | guilty of a Class 4 felony A misdemeanor and for a
second or | 18 | | subsequent offense is shall be guilty of a Class 3 4 felony.
| 19 | | (Source: P.A. 87-521.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law, except that the amendatory changes to Sections | 22 | | 33F-2 and 33F-3 of the Criminal Code of 2012 take effect 90 | 23 | | after the effective date of the Act.".
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