97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4457

 

Introduced 1/30/2012, by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-1.1  from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.6

    Amends the Criminal Code of 1961. Enhances the penalties for unlawful use or possession of weapons by felons and for aggravated unlawful use of a weapon.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Sections 24-1.1 and 24-1.6 as follows:
 
6    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
7    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
8Felons or Persons in the Custody of the Department of
9Corrections Facilities.
10    (a) It is unlawful for a person to knowingly possess on or
11about his person or on his land or in his own abode or fixed
12place of business any weapon prohibited under Section 24-1 of
13this Act or any firearm or any firearm ammunition if the person
14has been convicted of a felony under the laws of this State or
15any other jurisdiction. This Section shall not apply if the
16person has been granted relief by the Director of the
17Department of State Police under Section 10 of the Firearm
18Owners Identification Card Act.
19    (b) It is unlawful for any person confined in a penal
20institution, which is a facility of the Illinois Department of
21Corrections, to possess any weapon prohibited under Section
2224-1 of this Code or any firearm or firearm ammunition,
23regardless of the intent with which he possesses it.

 

 

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1    (c) It shall be an affirmative defense to a violation of
2subsection (b), that such possession was specifically
3authorized by rule, regulation, or directive of the Illinois
4Department of Corrections or order issued pursuant thereto.
5    (d) The defense of necessity is not available to a person
6who is charged with a violation of subsection (b) of this
7Section.
8    (e) Sentence. Violation of this Section by a person not
9confined in a penal institution shall be a Class 3 felony for
10which the person shall be sentenced to no less than 5 2 years
11and no more than 10 years and any second or subsequent
12violation shall be a Class 2 felony for which the person shall
13be sentenced to a term of imprisonment of not less than 7 3
14years and not more than 14 years. Violation of this Section by
15a person not confined in a penal institution who has been
16convicted of a forcible felony, a felony violation of Article
1724 of this Code or of the Firearm Owners Identification Card
18Act, stalking or aggravated stalking, or a Class 2 or greater
19felony under the Illinois Controlled Substances Act, the
20Cannabis Control Act, or the Methamphetamine Control and
21Community Protection Act is a Class 2 felony for which the
22person shall be sentenced to not less than 7 3 years and not
23more than 14 years. Violation of this Section by a person who
24is on parole or mandatory supervised release is a Class 2
25felony for which the person shall be sentenced to not less than
267 3 years and not more than 14 years. Violation of this Section

 

 

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1by a person not confined in a penal institution is a Class X
2felony when the firearm possessed is a machine gun. Any person
3who violates this Section while confined in a penal
4institution, which is a facility of the Illinois Department of
5Corrections, is guilty of a Class 1 felony, if he possesses any
6weapon prohibited under Section 24-1 of this Code regardless of
7the intent with which he possesses it, a Class X felony if he
8possesses any firearm, firearm ammunition or explosive, and a
9Class X felony for which the offender shall be sentenced to not
10less than 12 years and not more than 50 years when the firearm
11possessed is a machine gun. A violation of this Section while
12wearing or in possession of body armor as defined in Section
1333F-1 is a Class X felony punishable by a term of imprisonment
14of not less than 10 years and not more than 40 years. The
15possession of each firearm or firearm ammunition in violation
16of this Section constitutes a single and separate violation.
17(Source: P.A. 97-237, eff. 1-1-12.)
 
18    (720 ILCS 5/24-1.6)
19    Sec. 24-1.6. Aggravated unlawful use of a weapon.
20    (a) A person commits the offense of aggravated unlawful use
21of a weapon when he or she knowingly:
22        (1) Carries on or about his or her person or in any
23    vehicle or concealed on or about his or her person except
24    when on his or her land or in his or her abode, legal
25    dwelling, or fixed place of business, or on the land or in

 

 

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1    the legal dwelling of another person as an invitee with
2    that person's permission, any pistol, revolver, stun gun or
3    taser or other firearm; or
4        (2) Carries or possesses on or about his or her person,
5    upon any public street, alley, or other public lands within
6    the corporate limits of a city, village or incorporated
7    town, except when an invitee thereon or therein, for the
8    purpose of the display of such weapon or the lawful
9    commerce in weapons, or except when on his or her own land
10    or in his or her own abode, legal dwelling, or fixed place
11    of business, or on the land or in the legal dwelling of
12    another person as an invitee with that person's permission,
13    any pistol, revolver, stun gun or taser or other firearm;
14    and
15        (3) One of the following factors is present:
16            (A) the firearm possessed was uncased, loaded and
17        immediately accessible at the time of the offense; or
18            (B) the firearm possessed was uncased, unloaded
19        and the ammunition for the weapon was immediately
20        accessible at the time of the offense; or
21            (C) the person possessing the firearm has not been
22        issued a currently valid Firearm Owner's
23        Identification Card; or
24            (D) the person possessing the weapon was
25        previously adjudicated a delinquent minor under the
26        Juvenile Court Act of 1987 for an act that if committed

 

 

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1        by an adult would be a felony; or
2            (E) the person possessing the weapon was engaged in
3        a misdemeanor violation of the Cannabis Control Act, in
4        a misdemeanor violation of the Illinois Controlled
5        Substances Act, or in a misdemeanor violation of the
6        Methamphetamine Control and Community Protection Act;
7        or
8            (F) (blank); or
9            (G) the person possessing the weapon had a order of
10        protection issued against him or her within the
11        previous 2 years; or
12            (H) the person possessing the weapon was engaged in
13        the commission or attempted commission of a
14        misdemeanor involving the use or threat of violence
15        against the person or property of another; or
16            (I) the person possessing the weapon was under 21
17        years of age and in possession of a handgun as defined
18        in Section 24-3, unless the person under 21 is engaged
19        in lawful activities under the Wildlife Code or
20        described in subsection 24-2(b)(1), (b)(3), or
21        24-2(f).
22    (b) "Stun gun or taser" as used in this Section has the
23same definition given to it in Section 24-1 of this Code.
24    (c) This Section does not apply to or affect the
25transportation or possession of weapons that:
26            (i) are broken down in a non-functioning state; or

 

 

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1            (ii) are not immediately accessible; or
2            (iii) are unloaded and enclosed in a case, firearm
3        carrying box, shipping box, or other container by a
4        person who has been issued a currently valid Firearm
5        Owner's Identification Card.
6    (d) Sentence.
7         (1) Aggravated unlawful use of a weapon is a Class 4
8    felony; a second or subsequent offense is a Class 2 felony
9    for which the person shall be sentenced to a term of
10    imprisonment of not less than 7 3 years and not more than
11    14 7 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 3
19    years one year and not more than 6 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 7 3 years and not more than 14 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
6Section constitutes a single and separate violation.
7(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
896-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)