Full Text of HB2742 98th General Assembly
HB2742 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2742 Introduced 2/21/2013, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 |
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Amends the Criminal Code of 2012. Provides that it is unlawful for any person confined in a penal institution,
which is a facility of the Illinois Department of Juvenile Justice, to possess
any weapon prohibited under the statute concerning unlawful use of weapons or any firearm or
firearm ammunition, regardless of the intent with which he or she possesses it.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB2742 | | LRB098 08900 RLC 39031 b |
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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 | | Section 24-1.1 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 or the Department of Juvenile Justice 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 or the Illinois Department of Juvenile Justice , to | 22 | | possess
any weapon prohibited under Section 24-1 of this Code | 23 | | or any firearm or
firearm ammunition, regardless of the intent |
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| 1 | | with which he or she possesses it.
| 2 | | (c) It shall be an affirmative defense to a violation of | 3 | | subsection (b), that such possession was specifically | 4 | | authorized by rule,
regulation, or directive of the Illinois | 5 | | Department of Corrections or order
issued pursuant thereto.
| 6 | | (d) The defense of necessity is not available to a person | 7 | | who is charged
with a violation of subsection (b) of this | 8 | | Section.
| 9 | | (e) Sentence. Violation of this Section by a person not | 10 | | confined
in a penal institution shall be a Class 3 felony
for | 11 | | which the person shall be sentenced to no less than 2 years and | 12 | | no
more than 10 years and any second or subsequent violation | 13 | | shall be a Class 2 felony for which the person shall be | 14 | | sentenced to a term of imprisonment of not less than 3 years | 15 | | and not more than 14 years. Violation of this Section by a | 16 | | person not confined in a
penal institution who has been | 17 | | convicted of a forcible felony, a felony
violation of Article | 18 | | 24 of this Code or of the Firearm Owners Identification
Card | 19 | | Act, stalking or aggravated stalking, or a Class 2 or greater | 20 | | felony
under the Illinois Controlled Substances Act, the | 21 | | Cannabis Control Act, or the Methamphetamine Control and | 22 | | Community Protection Act is a
Class 2 felony for which the | 23 | | person
shall be sentenced to not less than 3 years and not more | 24 | | than 14 years.
Violation of this Section by a person who is on | 25 | | parole or mandatory supervised
release is a Class 2 felony for | 26 | | which the person shall be sentenced to not less than 3 years |
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| 1 | | and not more than 14
years. Violation of this Section by a | 2 | | person not confined in a penal
institution is a Class X felony | 3 | | when the firearm possessed is a machine gun.
Any person who | 4 | | violates this Section while confined in a penal
institution, | 5 | | which is a facility of the Illinois Department of
Corrections | 6 | | or the Illinois Department of Juvenile Justice , is guilty of a | 7 | | Class 1
felony, if he or she possesses any weapon prohibited | 8 | | under Section 24-1 of this
Code regardless of the intent with | 9 | | which he or she possesses it, a Class X
felony if he or she | 10 | | possesses any firearm, firearm ammunition or explosive, and a
| 11 | | Class X felony for which the offender shall be sentenced to not | 12 | | less than 12
years and not more than 50 years when the firearm | 13 | | possessed is a machine
gun. A violation of this Section while | 14 | | wearing or in possession of body armor as defined in Section | 15 | | 33F-1 is a Class X felony punishable by a term of imprisonment | 16 | | of not less than 10 years and not more than 40 years.
The | 17 | | possession of each firearm or firearm ammunition in violation | 18 | | of this Section constitutes a single and separate violation.
| 19 | | (Source: P.A. 97-237, eff. 1-1-12.)
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