Full Text of SB2113 94th General Assembly
SB2113 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2113
Introduced 2/25/2005, by Sen. Edward Petka 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 the Illinois Municipal Code. Provides that the provision that states that certain municipal officials are conservators of the peace after completion
of
a training course administered by the Illinois Law Enforcement Training
Standards Board does 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 that provision of the Illinois Municipal Code is a Class 3 felony. Effective immediately.
|
| |
|
|
| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB2113 |
|
LRB094 05551 RLC 35600 b |
|
| 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 | 24 |
| or the State
criminal law, directed to any person, may be | 25 |
| served and executed within the
limits of a municipality by any | 26 |
| policeman or marshal of the
municipality. For that purpose, | 27 |
| policemen and marshals have all the
common law and statutory | 28 |
| powers of sheriffs.
| 29 |
| (c) This Section does not apply to any alderman, | 30 |
| councilman, or trustee of a municipality that restricts or | 31 |
| prohibits the private ownership or possession of any firearms | 32 |
| by residents of that municipality by ordinance or resolution.
|
|
|
|
SB2113 |
- 2 - |
LRB094 05551 RLC 35600 b |
|
| 1 |
| (Source: P.A. 90-540, eff. 12-1-97.)
| 2 |
| Section 10. The Criminal Code of 1961 is amended by | 3 |
| changing Section 24-1.6 as follows:
| 4 |
| (720 ILCS 5/24-1.6)
| 5 |
| Sec. 24-1.6. Aggravated unlawful use of a weapon.
| 6 |
| (a) A person commits the offense of aggravated unlawful use | 7 |
| of a weapon when
he or she knowingly:
| 8 |
| (1) Carries on or about his or her person or in any | 9 |
| vehicle or concealed
on or about his or her person except | 10 |
| when on his or her land or in his or her
abode or fixed | 11 |
| place of business any pistol, revolver, stun gun or taser | 12 |
| or
other firearm; or
| 13 |
| (2) Carries or possesses on or about his or her person, | 14 |
| upon any public
street, alley, or other public lands within | 15 |
| the corporate limits of a city,
village or incorporated | 16 |
| town, except when an invitee thereon or therein, for
the | 17 |
| purpose of the display of such weapon or the lawful | 18 |
| commerce in weapons, or
except when on his or her own land | 19 |
| or in his or her own abode or fixed place of
business, any | 20 |
| pistol, revolver, stun gun or taser or other firearm; and
| 21 |
| (3) One of the following factors is present:
| 22 |
| (A) the firearm possessed was uncased, loaded and | 23 |
| immediately accessible
at the time of the offense; or
| 24 |
| (B) the firearm possessed was uncased, unloaded | 25 |
| and the ammunition for
the weapon was immediately | 26 |
| accessible at the time of the offense; or
| 27 |
| (C) the person possessing the firearm has not been | 28 |
| issued a currently
valid Firearm Owner's | 29 |
| Identification Card; or
| 30 |
| (D) the person possessing the weapon was | 31 |
| previously adjudicated
a delinquent minor under the | 32 |
| Juvenile Court Act of 1987 for an act that if
committed | 33 |
| by an adult would be a felony; or
| 34 |
| (E) the person possessing the weapon was engaged in |
|
|
|
SB2113 |
- 3 - |
LRB094 05551 RLC 35600 b |
|
| 1 |
| a misdemeanor
violation of the Cannabis
Control Act or | 2 |
| in a misdemeanor violation of the Illinois Controlled | 3 |
| Substances
Act; or
| 4 |
| (F) the person possessing the weapon is a member of | 5 |
| a
street gang or is engaged in street gang related | 6 |
| activity, as defined in
Section 10 of the Illinois | 7 |
| Streetgang Terrorism Omnibus Prevention Act; or
| 8 |
| (G) the person possessing the weapon had a order of | 9 |
| protection issued
against him or her within the | 10 |
| previous 2 years; or
| 11 |
| (H) the person possessing the weapon was engaged in | 12 |
| the commission or
attempted commission of
a | 13 |
| misdemeanor involving the use or threat of violence | 14 |
| against
the person or property of another; or
| 15 |
| (I) the person possessing the weapon was under 21 | 16 |
| years of age and in
possession of a handgun as defined | 17 |
| in Section 24-3, unless the person under 21
is engaged | 18 |
| in lawful activities under the Wildlife Code or | 19 |
| described in
subsection 24-2(b)(1), (b)(3), or | 20 |
| 24-2(f).
| 21 |
| (b) "Stun gun or taser" as used in this Section has the | 22 |
| same definition
given to it in Section 24-1 of this Code.
| 23 |
| (c) This Section does not apply to or affect the | 24 |
| transportation or
possession
of weapons that:
| 25 |
| (i) are broken down in a non-functioning state; or
| 26 |
| (ii) are not immediately accessible; or
| 27 |
| (iii) are unloaded and enclosed in a case, firearm | 28 |
| carrying box,
shipping box, or other container by a | 29 |
| person who has been issued a currently
valid Firearm | 30 |
| Owner's
Identification Card.
| 31 |
| (d) Sentence. Aggravated unlawful use of a weapon is a | 32 |
| Class 4 felony;
aggravated unlawful use of a weapon by any | 33 |
| alderman, councilman, or trustee of a municipality not entitled | 34 |
| to carry or possess a firearm in accordance with Section | 35 |
| 3.1-15-25 of the Illinois Municipal Code is a Class 3 felony; a | 36 |
| second or subsequent offense is a Class 2 felony. Aggravated |
|
|
|
SB2113 |
- 4 - |
LRB094 05551 RLC 35600 b |
|
| 1 |
| unlawful use of
a weapon by a person who has been previously
| 2 |
| convicted of a felony in this State or another jurisdiction is | 3 |
| a Class 2
felony. Aggravated unlawful use of a weapon while | 4 |
| wearing or in possession of body armor as defined in Section | 5 |
| 33F-1 by a person who has not been issued a valid Firearms | 6 |
| Owner's Identification Card in accordance with Section 5 of the | 7 |
| Firearm Owners Identification Card Act is a Class X felony.
| 8 |
| (Source: P.A. 93-906, eff. 8-11-04.)
| 9 |
| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
|
|