Illinois General Assembly - Full Text of HB1469
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1469  100th General Assembly

HB1469ham001 100TH GENERAL ASSEMBLY

Rep. Daniel J. Burke

Filed: 2/26/2018

 

 


 

 


 
10000HB1469ham001LRB100 03293 SLF 36741 a

1
AMENDMENT TO HOUSE BILL 1469

2    AMENDMENT NO. ______. Amend House Bill 1469 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as the Commander
5Paul Bauer Act.
 
6    Section 5. The Criminal Code of 2012 is amended by changing
7Sections 33F-2 and 33F-3 and by adding Section 24-1.9 as
8follows:
 
9    (720 ILCS 5/24-1.9 new)
10    Sec. 24-1.9. Delivery or sale of large capacity ammunition
11feeding devices.
12    (a) In this Section:
13    "Large capacity ammunition feeding device" means:
14        (1) a magazine, belt, drum, feed strip, or similar
15    device that has a capacity of, or that can be readily

 

 

10000HB1469ham001- 2 -LRB100 03293 SLF 36741 a

1    restored or converted to accept, more than 10 rounds of
2    ammunition; or
3        (2) any combination of parts from which a device
4    described in paragraph (1) of this subsection (a) can be
5    assembled.
6    "Large capacity ammunition feeding device" does not
7include an attached tubular device designed to accept, and
8capable of operating only with, .22 caliber rimfire ammunition.
9"Large capacity ammunition feeding device" does not include a
10tubular magazine that is contained in a lever-action firearm or
11any device that has been made permanently inoperable.
12    (b) Except as provided in subsection (c) of this Section,
1390 days after the effective date of this amendatory Act of the
14100th General Assembly, it is unlawful for any person within
15this State to knowingly deliver, sell, purchase, or possess or
16cause to be delivered, sold, or purchased a large capacity
17ammunition feeding device.
18    (c) This Section does not apply to or affect any of the
19following:
20        (1) Peace officers as defined in Section 2-13 of this
21    Code.
22        (2) A local law enforcement agency for the purpose of
23    equipping the agency's peace officers as defined in
24    paragraph (1) of this subsection (c).
25        (3) Wardens, superintendents, and keepers of prisons,
26    penitentiaries, jails, and other institutions for the

 

 

10000HB1469ham001- 3 -LRB100 03293 SLF 36741 a

1    detention of persons accused or convicted of an offense.
2        (4) Members of the Armed Services or Reserve Forces of
3    the United States or the Illinois National Guard, for the
4    performance of their official duties.
5        (5) Any licensed security officer or guard.
6        (6) Sale of large capacity ammunition feeding devices
7    to persons authorized under subdivisions (1) through (5) of
8    this subsection (c) to possess those devices.
9        (7) Sale of large capacity ammunition feeding devices
10    for sale or transfer in another state.
11        (8) Sale or rental of large capacity ammunition feeding
12    devices for blank-firing assault weapons and .50 caliber
13    rifles, to persons authorized or permitted, or both
14    authorized and permitted to acquire these devices for the
15    purpose of rental for use solely as props for a motion
16    picture, television, or video production or entertainment
17    event.
18    (d) Sentence. A person who knowingly delivers, sells,
19purchases, or causes to be delivered, sold, or purchased in
20violation of this Section a large capacity ammunition feeding
21device capable of holding more than 15 rounds of ammunition
22commits a Class 3 felony for a first violation and a Class 2
23felony for a second or subsequent violation or for delivery or
24possession of 2 or more of these devices at the same time. Any
25other violation of this Section is a Class A misdemeanor.
 

 

 

10000HB1469ham001- 4 -LRB100 03293 SLF 36741 a

1    (720 ILCS 5/33F-2)  (from Ch. 38, par. 33F-2)
2    Sec. 33F-2. Unlawful use of body armor.
3    (a) A person commits unlawful use of body armor when he or
4she knowingly sells, transfers, purchases, possesses, or wears
5body armor.
6    (b) A person commits the offense of unlawful use of body
7armor when he or she knowingly wears body armor and is in
8possession of a dangerous weapon, other than a firearm, in the
9commission or attempted commission of any offense.
10    (c) Subsection (a) of this Section does not apply to or
11affect any of the following:
12        (1) Peace officers as defined in Section 2-13 of this
13    Code.
14        (2) A local law enforcement agency for the purpose of
15    equipping the agency's peace officers as defined in
16    paragraph (1) of this subsection.
17        (3) Wardens, superintendents, and keepers of prisons,
18    penitentiaries, jails, and other institutions for the
19    detention of persons accused or convicted of an offense.
20        (4) Members of the Armed Services or Reserve Forces of
21    the United States or the Illinois National Guard, for the
22    performance of their official duties.
23        (5) Any licensed security officer or guard.
24        (6) Sale of body armor to persons authorized under
25    subdivisions (1) through (5) of this subsection (c) to
26    possess body armor.

 

 

10000HB1469ham001- 5 -LRB100 03293 SLF 36741 a

1        (7) Sale of body armor for sale or transfer in another
2    state.
3        (8) Sale or rental of body armor to persons authorized
4    or permitted, or both authorized and permitted to acquire
5    body armor for the purpose of rental for use solely as
6    props for a motion picture, television, or video production
7    or entertainment event.
8(Source: P.A. 93-906, eff. 8-11-04.)
 
9    (720 ILCS 5/33F-3)  (from Ch. 38, par. 33F-3)
10    Sec. 33F-3. Sentence.
11    (1) A person convicted of unlawful use of body armor under
12subsection (a) of Section 33F-2 for a first offense is guilty
13of a Class A misdemeanor and for a second or subsequent offense
14is guilty of a Class 4 felony.
15    (2) A person convicted of unlawful use of body armor under
16subsection (b) of Section 33F-2 for a first offense is shall be
17guilty of a Class 4 felony A misdemeanor and for a second or
18subsequent offense is shall be guilty of a Class 3 4 felony.
19(Source: P.A. 87-521.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law, except that the amendatory changes to Sections
2233F-2 and 33F-3 of the Criminal Code of 2012 take effect 90
23after the effective date of the Act.".