Illinois General Assembly - Full Text of HB1719
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Full Text of HB1719  100th General Assembly

HB1719 100TH GENERAL ASSEMBLY


 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1719

 

Introduced , by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-3.1  from Ch. 38, par. 24-3.1

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning the unlawful possession of firearms and firearm ammunition.


LRB100 03306 RLC 13311 b

 

 

A BILL FOR

 

HB1719LRB100 03306 RLC 13311 b

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 2012 is amended by changing
5Section 24-3.1 as follows:
 
6    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
7    Sec. 24-3.1. Unlawful possession of firearms and firearm
8ammunition.
9    (a) A person commits the the offense of unlawful possession
10of firearms or firearm ammunition when:
11        (1) He is under 18 years of age and has in his
12    possession any firearm of a size which may be concealed
13    upon the person; or
14        (2) He is under 21 years of age, has been convicted of
15    a misdemeanor other than a traffic offense or adjudged
16    delinquent and has any firearms or firearm ammunition in
17    his possession; or
18        (3) He is a narcotic addict and has any firearms or
19    firearm ammunition in his possession; or
20        (4) He has been a patient in a mental institution
21    within the past 5 years and has any firearms or firearm
22    ammunition in his possession. For purposes of this
23    paragraph (4):

 

 

HB1719- 2 -LRB100 03306 RLC 13311 b

1            "Mental institution" means any hospital,
2        institution, clinic, evaluation facility, mental
3        health center, or part thereof, which is used primarily
4        for the care or treatment of persons with mental
5        illness.
6            "Patient in a mental institution" means the person
7        was admitted, either voluntarily or involuntarily, to
8        a mental institution for mental health treatment,
9        unless the treatment was voluntary and solely for an
10        alcohol abuse disorder and no other secondary
11        substance abuse disorder or mental illness; or
12        (5) He is a person with an intellectual disability and
13    has any firearms or firearm ammunition in his possession;
14    or
15        (6) He has in his possession any explosive bullet.
16    For purposes of this paragraph "explosive bullet" means the
17projectile portion of an ammunition cartridge which contains or
18carries an explosive charge which will explode upon contact
19with the flesh of a human or an animal. "Cartridge" means a
20tubular metal case having a projectile affixed at the front
21thereof and a cap or primer at the rear end thereof, with the
22propellant contained in such tube between the projectile and
23the cap.
24    (b) Sentence.
25    Unlawful possession of firearms, other than handguns, and
26firearm ammunition is a Class A misdemeanor. Unlawful

 

 

HB1719- 3 -LRB100 03306 RLC 13311 b

1possession of handguns is a Class 4 felony. The possession of
2each firearm or firearm ammunition in violation of this Section
3constitutes a single and separate violation.
4    (c) Nothing in paragraph (1) of subsection (a) of this
5Section prohibits a person under 18 years of age from
6participating in any lawful recreational activity with a
7firearm such as, but not limited to, practice shooting at
8targets upon established public or private target ranges or
9hunting, trapping, or fishing in accordance with the Wildlife
10Code or the Fish and Aquatic Life Code.
11(Source: P.A. 99-143, eff. 7-27-15.)