[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 002 ] |
90_HB1356eng
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
HB1356 Engrossed 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 may
20 transfer the weapon to the sheriff of the county who may
21 proceed to destroy it, or may in its discretion order the
22 weapon preserved as property of the governmental body whose
23 police agency seized the weapon, or may in its discretion
24 order the weapon to be transferred to the Department of State
25 Police for use by the crime laboratory system, for training
26 purposes, or for any other application as deemed appropriate
27 by the Department.
28 In addition to the dispositions provided for in the
29 preceding sentences of this subsection (b), in counties of
30 fewer than 3,000,000 inhabitants, a sheriff to whom a weapon
31 is transferred by the court may permit the trade for other
HB1356 Engrossed -2- LRB9000105RCksA
1 weapons or other equipment used by a police agency for law
2 enforcement purposes or sale of the weapon with the proceeds
3 of the sale to be used for crime prevention programs,
4 including but not limited to, Crime Stoppers, D.A.R.E., or
5 TRIAD Programs, if the weapon being traded or sold has a
6 useful purpose to another law enforcement agency, including
7 security companies and part-time officers, or a retail value
8 of no less than $200. In counties with fewer than 3,000,000
9 inhabitants, a sheriff to whom a weapon has been transferred
10 by the court may not permit the weapon to be traded or sold
11 to any federally licensed firearm dealer unless no less than
12 50% of the business of the firearm dealer is with law
13 enforcement agencies in which case the sheriff may permit the
14 weapon to be traded or sold to that firearm dealer. In these
15 counties a weapon with no useful law enforcement purpose
16 shall be dismantled and destroyed including the serialed
17 frame but excluding other parts of value.
18 If, after the disposition of a criminal case, a need
19 still exists for the use of the confiscated weapon for
20 evidentiary purposes, the court may transfer the weapon to
21 the custody of the State Department of Corrections for
22 preservation. The court may not order the transfer of the
23 weapon to any private individual or private organization
24 other than to return a stolen weapon to its rightful owner.
25 The provisions of this Section shall not apply to
26 violations of the Fish and Aquatic Life Code or the Wildlife
27 Code. Confiscation of weapons for Fish and Aquatic Life Code
28 and Wildlife Code violations shall be only as provided in
29 those Codes.
30 (c) Any mental hospital that admits a person as an
31 inpatient pursuant to any of the provisions of the Mental
32 Health and Developmental Disabilities Code shall confiscate
33 any firearms in the possession of that person at the time of
34 admission, or at any time the firearms are discovered in the
HB1356 Engrossed -3- LRB9000105RCksA
1 person's possession during the course of hospitalization. The
2 hospital shall, as soon as possible following confiscation,
3 transfer custody of the firearms to the appropriate law
4 enforcement agency. The hospital shall give written notice to
5 the person from whom the firearm was confiscated of the
6 identity and address of the law enforcement agency to which
7 it has given the firearm.
8 The law enforcement agency shall maintain possession of
9 any firearm it obtains pursuant to this subsection for a
10 minimum of 90 days. Thereafter, the firearm may be disposed
11 of pursuant to the provisions of subsection (b) of this
12 Section.
13 (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)