Full Text of HB1145 98th General Assembly
HB1145 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1145 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 |
720 ILCS 5/24-1.6 | |
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Amends the Criminal Code of 2012. Enhances the penalties for unlawful use or possession of weapons by felons and for aggravated unlawful use of a weapon.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by changing | 5 | | Sections 24-1.1 and 24-1.6 as follows:
| 6 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 7 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by | 8 | | Felons or
Persons in the Custody of the
Department of | 9 | | Corrections Facilities. | 10 | | (a) It is unlawful
for a person to knowingly possess on or | 11 | | about his person or on his land or
in his own abode or fixed | 12 | | place of business any weapon prohibited under
Section 24-1 of | 13 | | this Act or any firearm or any firearm ammunition if the
person | 14 | | has been convicted of a felony under the laws of this State or | 15 | | any
other jurisdiction. This Section shall not apply if the | 16 | | person has been
granted relief by the Director of the | 17 | | Department of State Police
under Section 10 of the Firearm | 18 | | Owners Identification
Card Act.
| 19 | | (b) It is unlawful for any person confined in a penal | 20 | | institution,
which is a facility of the Illinois Department of | 21 | | Corrections, to possess
any weapon prohibited under Section | 22 | | 24-1 of this Code or any firearm or
firearm ammunition, | 23 | | regardless of the intent with which he possesses it.
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| 1 | | (c) It shall be an affirmative defense to a violation of | 2 | | subsection (b), that such possession was specifically | 3 | | authorized by rule,
regulation, or directive of the Illinois | 4 | | Department of Corrections or order
issued pursuant thereto.
| 5 | | (d) The defense of necessity is not available to a person | 6 | | who is charged
with a violation of subsection (b) of this | 7 | | Section.
| 8 | | (e) Sentence. Violation of this Section by a person not | 9 | | confined
in a penal institution shall be a Class 3 felony
for | 10 | | which the person shall be sentenced to no less than 5 2 years | 11 | | and no
more than 10 years and any second or subsequent | 12 | | violation shall be a Class 2 felony for which the person shall | 13 | | be sentenced to a term of imprisonment of not less than 7 3 | 14 | | years and not more than 14 years. Violation of this Section by | 15 | | a person not confined in a
penal institution who has been | 16 | | convicted of a forcible felony, a felony
violation of Article | 17 | | 24 of this Code or of the Firearm Owners Identification
Card | 18 | | Act, stalking or aggravated stalking, or a Class 2 or greater | 19 | | felony
under the Illinois Controlled Substances Act, the | 20 | | Cannabis Control Act, or the Methamphetamine Control and | 21 | | Community Protection Act is a
Class 2 felony for which the | 22 | | person
shall be sentenced to not less than 7 3 years and not | 23 | | more than 14 years.
Violation of this Section by a person who | 24 | | is on parole or mandatory supervised
release is a Class 2 | 25 | | felony for which the person shall be sentenced to not less than | 26 | | 7 3 years and not more than 14
years. Violation of this Section |
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| 1 | | by a person not confined in a penal
institution is a Class X | 2 | | felony when the firearm possessed is a machine gun.
Any person | 3 | | who violates this Section while confined in a penal
| 4 | | institution, which is a facility of the Illinois Department of
| 5 | | Corrections, is guilty of a Class 1
felony, if he possesses any | 6 | | weapon prohibited under Section 24-1 of this
Code regardless of | 7 | | the intent with which he possesses it, a Class X
felony if he | 8 | | possesses any firearm, firearm ammunition or explosive, and a
| 9 | | Class X felony for which the offender shall be sentenced to not | 10 | | less than 12
years and not more than 50 years when the firearm | 11 | | possessed is a machine
gun. A violation of this Section while | 12 | | wearing or in possession of body armor as defined in Section | 13 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 14 | | of not less than 10 years and not more than 40 years.
The | 15 | | possession of each firearm or firearm ammunition in violation | 16 | | of this Section constitutes a single and separate violation.
| 17 | | (Source: P.A. 97-237, eff. 1-1-12.)
| 18 | | (720 ILCS 5/24-1.6) | 19 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 20 | | (a) A person commits the offense of aggravated unlawful use | 21 | | of a weapon when
he or she knowingly: | 22 | | (1) Carries on or about his or her person or in any | 23 | | vehicle or concealed
on or about his or her person except | 24 | | when on his or her land or in his or her
abode, legal | 25 | | dwelling, or fixed place of business, or on the land or in |
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| 1 | | the legal dwelling of another person as an invitee with | 2 | | that person's permission, any pistol, revolver, stun gun or | 3 | | taser or
other firearm; or | 4 | | (2) Carries or possesses on or about his or her person, | 5 | | upon any public
street, alley, or other public lands within | 6 | | the corporate limits of a city,
village or incorporated | 7 | | town, except when an invitee thereon or therein, for
the | 8 | | purpose of the display of such weapon or the lawful | 9 | | commerce in weapons, or
except when on his or her own land | 10 | | or in his or her own abode, legal dwelling, or fixed place | 11 | | of
business, or on the land or in the legal dwelling of | 12 | | another person as an invitee with that person's permission, | 13 | | any pistol, revolver, stun gun or taser or other firearm; | 14 | | and | 15 | | (3) One of the following factors is present: | 16 | | (A) the firearm possessed was uncased, loaded and | 17 | | immediately accessible
at the time of the offense; or | 18 | | (B) the firearm possessed was uncased, unloaded | 19 | | and the ammunition for
the weapon was immediately | 20 | | accessible at the time of the offense; or | 21 | | (C) the person possessing the firearm has not been | 22 | | issued a currently
valid Firearm Owner's | 23 | | Identification Card; or | 24 | | (D) the person possessing the weapon was | 25 | | previously adjudicated
a delinquent minor under the | 26 | | Juvenile Court Act of 1987 for an act that if
committed |
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| 1 | | by an adult would be a felony; or | 2 | | (E) the person possessing the weapon was engaged in | 3 | | a misdemeanor
violation of the Cannabis
Control Act, in | 4 | | a misdemeanor violation of the Illinois Controlled | 5 | | Substances
Act, or in a misdemeanor violation of the | 6 | | Methamphetamine Control and Community Protection Act; | 7 | | or | 8 | | (F) (blank); or | 9 | | (G) the person possessing the weapon had a order of | 10 | | protection issued
against him or her within the | 11 | | previous 2 years; or | 12 | | (H) the person possessing the weapon was engaged in | 13 | | the commission or
attempted commission of
a | 14 | | misdemeanor involving the use or threat of violence | 15 | | against
the person or property of another; or | 16 | | (I) the person possessing the weapon was under 21 | 17 | | years of age and in
possession of a handgun as defined | 18 | | in Section 24-3, unless the person under 21
is engaged | 19 | | in lawful activities under the Wildlife Code or | 20 | | described in
subsection 24-2(b)(1), (b)(3), or | 21 | | 24-2(f). | 22 | | (b) "Stun gun or taser" as used in this Section has the | 23 | | same definition
given to it in Section 24-1 of this Code. | 24 | | (c) This Section does not apply to or affect the | 25 | | transportation or
possession
of weapons that: | 26 | | (i) are broken down in a non-functioning state; or |
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| 1 | | (ii) are not immediately accessible; or | 2 | | (iii) are unloaded and enclosed in a case, firearm | 3 | | carrying box,
shipping box, or other container by a | 4 | | person who has been issued a currently
valid Firearm | 5 | | Owner's
Identification Card. | 6 | | (d) Sentence. | 7 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 8 | | felony;
a second or subsequent offense is a Class 2 felony | 9 | | for which the person shall be sentenced to a term of | 10 | | imprisonment of not less than 7 3 years and not more than | 11 | | 14 7 years. | 12 | | (2) Except as otherwise provided in paragraphs (3) and | 13 | | (4) of this subsection (d), a first offense of aggravated | 14 | | unlawful use of a weapon committed with a firearm by a | 15 | | person 18 years of age or older where the factors listed in | 16 | | both items (A) and (C) of paragraph (3) of subsection (a) | 17 | | are present is a Class 4 felony, for which the person shall | 18 | | be sentenced to a term of imprisonment of not less than 3 | 19 | | years one year and not more than 6 3 years. | 20 | | (3) Aggravated unlawful use of
a weapon by a person who | 21 | | has been previously
convicted of a felony in this State or | 22 | | another jurisdiction is a Class 2
felony for which the | 23 | | person shall be sentenced to a term of imprisonment of not | 24 | | less than 7 3 years and not more than 14 7 years. | 25 | | (4) Aggravated unlawful use of a weapon while wearing | 26 | | or in possession of body armor as defined in Section 33F-1 |
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| 1 | | by a person who has not been issued a valid Firearms | 2 | | Owner's Identification Card in accordance with Section 5 of | 3 | | the Firearm Owners Identification Card Act is a Class X | 4 | | felony.
| 5 | | (e) The possession of each firearm in violation of this | 6 | | Section constitutes a single and separate violation. | 7 | | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | 8 | | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
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