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90_HB1356
720 ILCS 5/24-6 from Ch. 38, par. 24-6
Amends the Criminal Code of 1961. Provides that after
disposition of a criminal case, the court may order a
confiscated weapon for which no legitimate claim has been
made to be traded for other weapons or police agency
equipment or sold with the proceeds of the sale being used
for crime prevention programs, if the weapon being traded or
sold has a useful purpose to another law enforcement agency
or a retail value of no less than $100. Prohibits a sheriff
to whom a weapon has been transferred by the court from
trading or selling the weapon to a federally licensed firearm
dealer unless at least 50% of the business of the firearm
dealer is with law enforcement agencies. Effective
immediately.
LRB9000105RCksA
LRB9000105RCksA
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 24-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 24-6 as follows:
7 (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
8 Sec. 24-6. Confiscation and disposition of weapons.
9 (a) Upon conviction of an offense in which a weapon was
10 used or possessed by the offender, any weapon seized shall be
11 confiscated by the trial court.
12 (b) Any stolen weapon so confiscated, when no longer
13 needed for evidentiary purposes, shall be returned to the
14 person entitled to possession, if known. After the
15 disposition of a criminal case or in any criminal case where
16 a final judgment in the case was not entered due to the death
17 of the defendant, and when a confiscated weapon is no longer
18 needed for evidentiary purposes, and when in due course no
19 legitimate claim has been made for the weapon, the court (i)
20 may transfer the weapon to the sheriff of the county who may
21 permit the trade for other weapons or other equipment used by
22 a police agency for law enforcement purposes or sale of the
23 weapon with the proceeds of the sale to be used for crime
24 prevention programs, including but not limited to, Crime
25 Stoppers, D.A.R.E., or TRIAD Programs, if the weapon being
26 traded or sold has a useful purpose to another law
27 enforcement agency, including security companies and
28 part-time officers, or a retail value of no less than $100 or
29 who may proceed to destroy it, or (ii) may in its discretion
30 order the weapon preserved as property of the governmental
31 body whose police agency seized the weapon, or (iii) may in
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1 its discretion order the weapon to be transferred to the
2 Department of State Police for use by the crime laboratory
3 system, for training purposes, or for any other application
4 as deemed appropriate by the Department. A sheriff to whom a
5 weapon has been transferred by the court may not permit the
6 weapon to be traded or sold to any federally licensed firearm
7 dealer unless no less than 50% of the business of the firearm
8 dealer is with law enforcement agencies in which case the
9 sheriff may permit the weapon to be traded to that firearm
10 dealer. A weapon with no useful law enforcement purpose
11 shall be dismantled and destroyed including the serialed
12 frame but excluding other parts of value. If, after the
13 disposition of a criminal case, a need still exists for the
14 use of the confiscated weapon for evidentiary purposes, the
15 court may transfer the weapon to the custody of the State
16 Department of Corrections for preservation. The court may
17 not order the transfer of the weapon to any private
18 individual or private organization other than to return a
19 stolen weapon to its rightful owner.
20 The provisions of this Section shall not apply to
21 violations of the Fish and Aquatic Life Code or the Wildlife
22 Code. Confiscation of weapons for Fish and Aquatic Life Code
23 and Wildlife Code violations shall be only as provided in
24 those Codes.
25 (c) Any mental hospital that admits a person as an
26 inpatient pursuant to any of the provisions of the Mental
27 Health and Developmental Disabilities Code shall confiscate
28 any firearms in the possession of that person at the time of
29 admission, or at any time the firearms are discovered in the
30 person's possession during the course of hospitalization. The
31 hospital shall, as soon as possible following confiscation,
32 transfer custody of the firearms to the appropriate law
33 enforcement agency. The hospital shall give written notice to
34 the person from whom the firearm was confiscated of the
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1 identity and address of the law enforcement agency to which
2 it has given the firearm.
3 The law enforcement agency shall maintain possession of
4 any firearm it obtains pursuant to this subsection for a
5 minimum of 90 days. Thereafter, the firearm may be disposed
6 of pursuant to the provisions of subsection (b) of this
7 Section.
8 (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)
9 Section 99. Effective date. This Act takes effect upon
10 becoming law.