Full Text of HB5798 094th General Assembly
HB5798 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5798
Introduced 07/19/06, by Rep. Ruth Munson SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961 relating to the offense of aggravated unlawful use of a weapon. Provides that aggravated unlawful use of
a weapon by a person who has not been previously
convicted of a felony in this State or another jurisdiction and who at the time of the commission of the offense is a member of a
street gang or is engaged in street gang related activity is a Class 2 felony. Provides that aggravated unlawful use of
a weapon by a person who has been previously
convicted of a felony in this State or another jurisdiction and who at the time of the commission of the offense is a member of a
street gang or is engaged in street gang related activity is a Class 1 felony.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5798 |
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LRB094 21048 RLC 59375 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 24-1.6 as follows:
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| (720 ILCS 5/24-1.6)
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| Sec. 24-1.6. Aggravated unlawful use of a weapon.
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| (a) A person commits the offense of aggravated unlawful use | 9 |
| of a weapon when
he or she knowingly:
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| (1) Carries on or about his or her person or in any | 11 |
| vehicle or concealed
on or about his or her person except | 12 |
| when on his or her land or in his or her
abode or fixed | 13 |
| place of business any pistol, revolver, stun gun or taser | 14 |
| or
other firearm; or
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| (2) Carries or possesses on or about his or her person, | 16 |
| upon any public
street, alley, or other public lands within | 17 |
| the corporate limits of a city,
village or incorporated | 18 |
| town, except when an invitee thereon or therein, for
the | 19 |
| purpose of the display of such weapon or the lawful | 20 |
| commerce in weapons, or
except when on his or her own land | 21 |
| or in his or her own abode or fixed place of
business, any | 22 |
| pistol, revolver, stun gun or taser or other firearm; and
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| (3) One of the following factors is present:
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| (A) the firearm possessed was uncased, loaded and | 25 |
| immediately accessible
at the time of the offense; or
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| (B) the firearm possessed was uncased, unloaded | 27 |
| and the ammunition for
the weapon was immediately | 28 |
| accessible at the time of the offense; or
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| (C) the person possessing the firearm has not been | 30 |
| issued a currently
valid Firearm Owner's | 31 |
| Identification Card; or
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| (D) the person possessing the weapon was |
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HB5798 |
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LRB094 21048 RLC 59375 b |
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| previously adjudicated
a delinquent minor under the | 2 |
| Juvenile Court Act of 1987 for an act that if
committed | 3 |
| by an adult would be a felony; or
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| (E) the person possessing the weapon was engaged in | 5 |
| a misdemeanor
violation of the Cannabis
Control Act, in | 6 |
| a misdemeanor violation of the Illinois Controlled | 7 |
| Substances
Act, or in a misdemeanor violation of the | 8 |
| Methamphetamine Control and Community Protection Act; | 9 |
| or
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| (F) the person possessing the weapon is a member of | 11 |
| a
street gang or is engaged in street gang related | 12 |
| activity, as defined in
Section 10 of the Illinois | 13 |
| Streetgang Terrorism Omnibus Prevention Act; or
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| (G) the person possessing the weapon had a order of | 15 |
| protection issued
against him or her within the | 16 |
| previous 2 years; or
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| (H) the person possessing the weapon was engaged in | 18 |
| the commission or
attempted commission of
a | 19 |
| misdemeanor involving the use or threat of violence | 20 |
| against
the person or property of another; or
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| (I) the person possessing the weapon was under 21 | 22 |
| years of age and in
possession of a handgun as defined | 23 |
| in Section 24-3, unless the person under 21
is engaged | 24 |
| in lawful activities under the Wildlife Code or | 25 |
| described in
subsection 24-2(b)(1), (b)(3), or | 26 |
| 24-2(f).
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| (b) "Stun gun or taser" as used in this Section has the | 28 |
| same definition
given to it in Section 24-1 of this Code.
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| (c) This Section does not apply to or affect the | 30 |
| transportation or
possession
of weapons that:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm | 34 |
| carrying box,
shipping box, or other container by a | 35 |
| person who has been issued a currently
valid Firearm | 36 |
| Owner's
Identification Card.
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HB5798 |
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LRB094 21048 RLC 59375 b |
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| (d) Sentence. Aggravated unlawful use of a weapon is a | 2 |
| Class 4 felony;
a second or subsequent offense is a Class 2 | 3 |
| felony for which the person shall be sentenced to a term of | 4 |
| imprisonment of not less than 3 years and not more than 7 | 5 |
| years. Aggravated unlawful use of
a weapon by a person who has | 6 |
| been previously
convicted of a felony in this State or another | 7 |
| jurisdiction is a Class 2
felony for which the person shall be | 8 |
| sentenced to a term of imprisonment of not less than 3 years | 9 |
| and not more than 7 years. Aggravated unlawful use of
a weapon | 10 |
| by a person who has not been previously
convicted of a felony | 11 |
| in this State or another jurisdiction and who at the time of | 12 |
| the commission of the offense is a member of a
street gang or | 13 |
| is engaged in street gang related activity, as defined in
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| Section 10 of the Illinois Streetgang Terrorism Omnibus | 15 |
| Prevention Act, is a Class 2 felony. Aggravated unlawful use of
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| a weapon by a person who has been previously
convicted of a | 17 |
| felony in this State or another jurisdiction and who at the | 18 |
| time of the commission of the offense is a member of a
street | 19 |
| gang or is engaged in street gang related activity, as defined | 20 |
| in
Section 10 of the Illinois Streetgang Terrorism Omnibus | 21 |
| Prevention Act, is a Class 1 felony. Aggravated unlawful use of | 22 |
| a weapon while wearing or in possession of body armor as | 23 |
| defined in Section 33F-1 by a person who has not been issued a | 24 |
| valid Firearms Owner's Identification Card in accordance with | 25 |
| Section 5 of the Firearm Owners Identification Card Act is a | 26 |
| Class X felony.
The possession of each firearm in violation of | 27 |
| this Section constitutes a single and separate violation.
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| (Source: P.A. 93-906, eff. 8-11-04; 94-72, eff. 1-1-06; 94-284, | 29 |
| eff. 7-21-05; 94-556, eff. 9-11-05; revised 8-19-05.)
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