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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_HB0227
LRB9101242RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 16-1 and 24-1.1 and adding Sections 2-7.1, 2-7.2,
3 2-23, 16-16, and 16-16.1.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Criminal Code of 1961 is amended by
7 changing Sections 16-1 and 24-1.1 and adding Sections 2-7.1,
8 2-7.2, 2-23, 16-16, and 16-16.1 as follows:
9 (720 ILCS 5/2-7.1 new)
10 Sec. 2-7.1. "Firearm". "Firearm" has the meaning
11 ascribed to that term in Section 1.1 of the Firearm Owners
12 Identification Card Act.
13 (720 ILCS 5/2-7.2 new)
14 Sec. 2-7.2. "Firearm ammunition". "Firearm ammunition"
15 means any self-contained cartridge or shotgun shell, by
16 whatever name known, that is designed to be used or adaptable
17 to use in a firearm; excluding, however:
18 (1) any ammunition exclusively designed for use
19 with a device used exclusively for signalling or safety
20 and required or recommended by the United States Coast
21 Guard or the Interstate Commerce Commission; or
22 (2) any ammunition designed exclusively for use
23 with a stud or rivet driver or other similar industrial
24 ammunition.
25 (720 ILCS 5/2-23 new)
26 Sec. 2-23. "Transfer" includes the actual, constructive,
27 or attempted transfer of an item, with or without
28 consideration.
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1 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
2 Sec. 16-1. Theft.
3 (a) A person commits theft when he knowingly:
4 (1) Obtains or exerts unauthorized control over
5 property of the owner; or
6 (2) Obtains by deception control over property of
7 the owner; or
8 (3) Obtains by threat control over property of the
9 owner; or
10 (4) Obtains control over stolen property knowing
11 the property to have been stolen or under such
12 circumstances as would reasonably induce him to believe
13 that the property was stolen; or
14 (5) Obtains or exerts control over property in the
15 custody of any law enforcement agency which is explicitly
16 represented to him by any law enforcement officer or any
17 individual acting in behalf of a law enforcement agency
18 as being stolen, and
19 (A) Intends to deprive the owner permanently
20 of the use or benefit of the property; or
21 (B) Knowingly uses, conceals or abandons the
22 property in such manner as to deprive the owner
23 permanently of such use or benefit; or
24 (C) Uses, conceals, or abandons the property
25 knowing such use, concealment or abandonment
26 probably will deprive the owner permanently of such
27 use or benefit.
28 The term "firearm" for the purposes of this Section has
29 the meaning ascribed to it in Section 1.1 of the Firearm
30 Owners Identification Card Act.
31 (b) Sentence.
32 (1) Theft of property, other than a firearm, not
33 from the person and not exceeding $300 in value is a
34 Class A misdemeanor.
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1 (2) A person who has been convicted of theft of
2 property not from the person and not exceeding $300 in
3 value, other than a firearm and not from the person, who
4 has been previously convicted of any type of theft,
5 robbery, armed robbery, burglary, residential burglary,
6 possession of burglary tools or home invasion is guilty
7 of a Class 4 felony. When a person has any such prior
8 conviction, the information or indictment charging that
9 person shall state such prior conviction so as to give
10 notice of the State's intention to treat the charge as a
11 felony. The fact of such prior conviction is not an
12 element of the offense and may not be disclosed to the
13 jury during trial unless otherwise permitted by issues
14 properly raised during such trial.
15 (3) (Blank). Theft of a firearm not from the person
16 regardless of value is a Class 4 felony. A second or
17 subsequent such offense is a Class 3 felony.
18 (4) Theft of property from the person not exceeding
19 $300 in value, or theft of property exceeding $300 and
20 not exceeding $10,000 in value, is a Class 3 felony.
21 (5) Theft of property exceeding $10,000 and not
22 exceeding $100,000 in value is a Class 2 felony.
23 (6) Theft of property exceeding $100,000 in value
24 is a Class 1 felony.
25 (7) Theft by deception, as described by paragraph
26 (2) of subsection (a) of this Section, in which the
27 offender obtained money or property valued at $5,000 or
28 more from a victim 60 years of age or older is a Class 2
29 felony.
30 (c) When a charge of theft of property exceeding a
31 specified value is brought, the value of the property
32 involved is an element of the offense to be resolved by the
33 trier of fact as either exceeding or not exceeding the
34 specified value.
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1 (Source: P.A. 89-377, eff. 8-18-95.)
2 (720 ILCS 5/16-16 new)
3 Sec. 16-16. Possession of a stolen firearm.
4 (a) A person commits possession of a stolen firearm when
5 he or she, not being entitled to the possession of a firearm,
6 possesses or delivers the firearm, knowing it to have been
7 stolen or converted. It may be inferred that a person who
8 possesses a firearm with knowledge that its serial number has
9 been removed or altered has knowledge that the firearm is
10 stolen or converted.
11 (b) Possession of a stolen firearm is a Class 2 felony.
12 (720 ILCS 5/16-16.1 new)
13 Sec. 16-16.1. Aggravated possession of a stolen firearm.
14 (a) A person commits aggravated possession of a stolen
15 firearm when he or she:
16 (1) Not being entitled to the possession of not
17 less than 2 and not more than 5 firearms, possesses or
18 delivers those firearms at the same time or within a one
19 year period, knowing the firearms to have been stolen or
20 converted.
21 (2) Not being entitled to the possession of not
22 less than 6 and not more than 10 firearms, possesses or
23 delivers those firearms at the same time or within a 2
24 year period, knowing the firearms to have been stolen or
25 converted.
26 (3) Not being entitled to the possession of not
27 less than 11 and not more than 20 firearms, possesses or
28 delivers those firearms at the same time or within a 3
29 year period, knowing the firearms to have been stolen or
30 converted.
31 (4) Not being entitled to the possession of not
32 less than 21 and not more than 30 firearms, possesses or
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1 delivers those firearms at the same time or within a 4
2 year period, knowing the firearms to have been stolen or
3 converted.
4 (5) Not being entitled to the possession of not
5 less than 31 and not more than 40 firearms, possesses or
6 delivers those firearms at the same time or within a 5
7 year period, knowing the firearms to have been stolen or
8 converted.
9 (6) Not being entitled to the possession of more
10 than 40 firearms possesses or delivers those firearms at
11 the same time or within a 6 year period, knowing the
12 firearms to have been stolen or converted.
13 (b) It may be inferred that a person who possesses
14 a firearm with knowledge that its serial number has been
15 removed or altered has knowledge that the firearm is stolen
16 or converted.
17 (c) Sentence.
18 (1) A person who violates paragraph (1) of
19 subsection (a) of this Section commits a Class 2 felony.
20 (2) A person who violates paragraph (2) of
21 subsection (a) of this Section commits a Class 1 felony.
22 (3) A person who violates paragraph (3) of
23 subsection (a) of this Section commits a Class X felony
24 for which he or she shall be sentenced to a term of
25 imprisonment of not less than 6 years and not more than
26 30 years.
27 (4) A person who violates paragraph (4) of
28 subsection (a) of this Section commits a Class X felony
29 for which he or she shall be sentenced to a term of
30 imprisonment of not less than 6 years and not more than
31 40 years.
32 (5) A person who violates paragraph (5) of
33 subsection (a) of this Section commits a Class X felony
34 for which he or she shall be sentenced to a term of
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1 imprisonment of not less than 6 years and not more than
2 50 years.
3 (6) A person who violates paragraph (6) of
4 subsection (a) of this Section commits a Class X felony
5 for which he or she shall be sentenced to a term of
6 imprisonment of not less than 6 years and not more than
7 60 years.
8 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
9 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
10 Felons or Persons in the Custody of the Department of
11 Corrections Facilities.
12 (a) It is unlawful for a person to knowingly possess on
13 or about his person or on his land or in his own abode or
14 fixed place of business any weapon prohibited under Section
15 24-1 of this Act or any firearm or any firearm ammunition if
16 the person has been convicted of a felony under the laws of
17 this State or any other jurisdiction. This Section shall not
18 apply if the person has been granted relief by the Director
19 of the Department of State Police under Section 10 of the
20 Firearm Owners Identification Card Act.
21 (b) It is unlawful for any person confined in a penal
22 institution, which is a facility of the Illinois Department
23 of Corrections, to possess any weapon prohibited under
24 Section 24-1 of this Code or any firearm or firearm
25 ammunition, regardless of the intent with which he possesses
26 it.
27 (c) It shall be an affirmative defense to a violation of
28 subsection (b), that such possession was specifically
29 authorized by rule, regulation, or directive of the Illinois
30 Department of Corrections or order issued pursuant thereto.
31 (d) The defense of necessity is not available to a
32 person who is charged with a violation of subsection (b) of
33 this Section.
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1 (e) Sentence. Violation of this Section by a person not
2 confined in a penal institution shall be a Class 3 felony for
3 which the person, if sentenced to a term of imprisonment,
4 shall be sentenced to no less than 2 years and no more than
5 10 years. Violation of this Section by a person not confined
6 in a penal institution who has been convicted of a forcible
7 felony, a felony violation of Article 24 of this Code or of
8 the Firearm Owners Identification Card Act, stalking or
9 aggravated stalking, or a Class 2 or greater felony under the
10 Illinois Controlled Substances Act or the Cannabis Control
11 Act is a Class 2 felony for which the person, if sentenced to
12 a term of imprisonment, shall be sentenced to not less than 3
13 years and not more than 14 years. Violation of this Section
14 by a person who is on parole or mandatory supervised release
15 is a Class 2 felony for which the person, if sentenced to a
16 term of imprisonment, shall be sentenced to not less than 3
17 years and not more than 14 years. Violation of this Section
18 by a person not confined in a penal institution is a Class X
19 felony when the firearm possessed is a machine gun. Any
20 person who violates this Section while confined in a penal
21 institution, which is a facility of the Illinois Department
22 of Corrections, is guilty of a Class 1 felony, if he
23 possesses any weapon prohibited under Section 24-1 of this
24 Code regardless of the intent with which he possesses it, and
25