Full Text of SB0034 097th General Assembly
SB0034 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB0034 Introduced 1/27/2011, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/3.1-15-25 | from Ch. 24, par. 3.1-15-25 | 720 ILCS 5/24-1.6 | |
| Amends provisions of the Illinois Municipal Code stating that certain municipal officials are conservators of the peace after completion
of
a training course administered by the Illinois Law Enforcement Training
Standards Board. Provides that those provisions do not apply to any alderman, councilman, or trustee of a municipality that restricts or prohibits the private ownership or possession of any firearms by residents of that municipality by ordinance or resolution. Amends the Criminal Code of 1961. Provides that a violation of the offense of aggravated unlawful use of a weapon by any alderman, councilman, or trustee of a municipality not entitled to carry or possess a firearm in accordance with those provisions of the Illinois Municipal Code is a Class 3 felony. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning firearms.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 3.1-15-25 as follows:
| 6 | | (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
| 7 | | Sec. 3.1-15-25. Conservators of the peace; service of | 8 | | warrants.
| 9 | | (a) After receiving a certificate attesting to the | 10 | | successful completion
of
a training course administered by the | 11 | | Illinois Law Enforcement Training
Standards Board, the mayor, | 12 | | aldermen,
president, trustees, marshal, deputy
marshals, and | 13 | | policemen in municipalities shall be conservators
of the peace. | 14 | | Those persons and others authorized by
ordinance shall have | 15 | | power (i) to arrest or cause to be arrested, with or
without | 16 | | process, all persons who break the peace or are found violating
| 17 | | any municipal ordinance or any criminal law of the State, (ii) | 18 | | to commit
arrested persons for examination, (iii) if necessary, | 19 | | to detain arrested
persons in custody over night or Sunday in | 20 | | any safe place or until they
can be brought before the proper | 21 | | court, and (iv) to exercise all other
powers as conservators of | 22 | | the peace prescribed by the corporate authorities.
| 23 | | (b) All warrants for the violation of municipal ordinances |
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| 1 | | or the State
criminal law, directed to any person, may be | 2 | | served and executed within the
limits of a municipality by any | 3 | | policeman or marshal of the
municipality. For that purpose, | 4 | | policemen and marshals have all the
common law and statutory | 5 | | powers of sheriffs.
| 6 | | (c) This Section does not apply to any alderman, | 7 | | councilman, or trustee of a municipality that restricts or | 8 | | prohibits the private ownership or possession of any firearms | 9 | | by residents of that municipality by ordinance or resolution.
| 10 | | (Source: P.A. 90-540, eff. 12-1-97.)
| 11 | | Section 10. The Criminal Code of 1961 is amended by | 12 | | changing Section 24-1.6 as follows: | 13 | | (720 ILCS 5/24-1.6) | 14 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 15 | | (a) A person commits the offense of aggravated unlawful use | 16 | | of a weapon when
he or she knowingly: | 17 | | (1) Carries on or about his or her person or in any | 18 | | vehicle or concealed
on or about his or her person except | 19 | | when on his or her land or in his or her
abode, legal | 20 | | dwelling, or fixed place of business, or on the land or in | 21 | | the legal dwelling of another person as an invitee with | 22 | | that person's permission, any pistol, revolver, stun gun or | 23 | | taser or
other firearm; or | 24 | | (2) Carries or possesses on or about his or her person, |
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| 1 | | upon any public
street, alley, or other public lands within | 2 | | the corporate limits of a city,
village or incorporated | 3 | | town, except when an invitee thereon or therein, for
the | 4 | | purpose of the display of such weapon or the lawful | 5 | | commerce in weapons, or
except when on his or her own land | 6 | | or in his or her own abode, legal dwelling, or fixed place | 7 | | of
business, or on the land or in the legal dwelling of | 8 | | another person as an invitee with that person's permission, | 9 | | any pistol, revolver, stun gun or taser or other firearm; | 10 | | and | 11 | | (3) One of the following factors is present: | 12 | | (A) the firearm possessed was uncased, loaded and | 13 | | immediately accessible
at the time of the offense; or | 14 | | (B) the firearm possessed was uncased, unloaded | 15 | | and the ammunition for
the weapon was immediately | 16 | | accessible at the time of the offense; or | 17 | | (C) the person possessing the firearm has not been | 18 | | issued a currently
valid Firearm Owner's | 19 | | Identification Card; or | 20 | | (D) the person possessing the weapon was | 21 | | previously adjudicated
a delinquent minor under the | 22 | | Juvenile Court Act of 1987 for an act that if
committed | 23 | | by an adult would be a felony; or | 24 | | (E) the person possessing the weapon was engaged in | 25 | | a misdemeanor
violation of the Cannabis
Control Act, in | 26 | | a misdemeanor violation of the Illinois Controlled |
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| 1 | | Substances
Act, or in a misdemeanor violation of the | 2 | | Methamphetamine Control and Community Protection Act; | 3 | | or | 4 | | (F) (blank); or | 5 | | (G) the person possessing the weapon had a order of | 6 | | protection issued
against him or her within the | 7 | | previous 2 years; or | 8 | | (H) the person possessing the weapon was engaged in | 9 | | the commission or
attempted commission of
a | 10 | | misdemeanor involving the use or threat of violence | 11 | | against
the person or property of another; or | 12 | | (I) the person possessing the weapon was under 21 | 13 | | years of age and in
possession of a handgun as defined | 14 | | in Section 24-3, unless the person under 21
is engaged | 15 | | in lawful activities under the Wildlife Code or | 16 | | described in
subsection 24-2(b)(1), (b)(3), or | 17 | | 24-2(f). | 18 | | (b) "Stun gun or taser" as used in this Section has the | 19 | | same definition
given to it in Section 24-1 of this Code. | 20 | | (c) This Section does not apply to or affect the | 21 | | transportation or
possession
of weapons that: | 22 | | (i) are broken down in a non-functioning state; or | 23 | | (ii) are not immediately accessible; or | 24 | | (iii) are unloaded and enclosed in a case, firearm | 25 | | carrying box,
shipping box, or other container by a | 26 | | person who has been issued a currently
valid Firearm |
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| 1 | | Owner's
Identification Card. | 2 | | (d) Sentence. | 3 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 4 | | felony;
aggravated unlawful use of a weapon by any | 5 | | alderman, councilman, or trustee of a municipality not | 6 | | entitled to carry or possess a firearm in accordance with | 7 | | Section 3.1-15-25 of the Illinois Municipal Code is a Class | 8 | | 3 felony; a second or subsequent offense is a Class 2 | 9 | | felony for which the person shall be sentenced to a term of | 10 | | imprisonment of not less than 3 years and not more than 7 | 11 | | 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 one | 19 | | year and not more than 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 3 years and not more than 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.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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