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91_HB0227eng HB0227 Engrossed 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, 16-16, 3 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 16-16, and 16-16.1 as follows: 9 (720 ILCS 5/2-7.1 new) 10 Sec. 2-7.1. "Firearm" and "firearm ammunition". 11 "Firearm" and "firearm ammunition" have the meanings ascribed 12 to them in Section 1.1 of the Firearm Owners Identification 13 Card Act. 14 (720 ILCS 5/16-1) (from Ch. 38, par. 16-1) 15 Sec. 16-1. Theft. 16 (a) A person commits theft when he knowingly: 17 (1) Obtains or exerts unauthorized control over 18 property of the owner; or 19 (2) Obtains by deception control over property of 20 the owner; or 21 (3) Obtains by threat control over property of the 22 owner; or 23 (4) Obtains control over stolen property knowing 24 the property to have been stolen or under such 25 circumstances as would reasonably induce him to believe 26 that the property was stolen; or 27 (5) Obtains or exerts control over property in the 28 custody of any law enforcement agency which is explicitly 29 represented to him by any law enforcement officer or any 30 individual acting in behalf of a law enforcement agency HB0227 Engrossed -2- LRB9101242RCks 1 as being stolen, and 2 (A) Intends to deprive the owner permanently 3 of the use or benefit of the property; or 4 (B) Knowingly uses, conceals or abandons the 5 property in such manner as to deprive the owner 6 permanently of such use or benefit; or 7 (C) Uses, conceals, or abandons the property 8 knowing such use, concealment or abandonment 9 probably will deprive the owner permanently of such 10 use or benefit. 11The term "firearm" for the purposes of this Section has12the meaning ascribed to it in Section 1.1 of the Firearm13Owners Identification Card Act.14 (b) Sentence. 15 (1) Theft of property, other than a firearm,not 16 from the person and not exceeding $300 in value is a 17 Class A misdemeanor. 18 (2) A person who has been convicted of theft of 19 property not from the person and not exceeding $300 in 20 value, other than a firearm and not from the person,who 21 has been previously convicted of any type of theft, 22 robbery, armed robbery, burglary, residential burglary, 23 possession of burglary tools or home invasion is guilty 24 of a Class 4 felony. When a person has any such prior 25 conviction, the information or indictment charging that 26 person shall state such prior conviction so as to give 27 notice of the State's intention to treat the charge as a 28 felony. The fact of such prior conviction is not an 29 element of the offense and may not be disclosed to the 30 jury during trial unless otherwise permitted by issues 31 properly raised during such trial. 32 (3) (Blank).Theft of a firearm not from the person33regardless of value is a Class 4 felony. A second or34subsequent such offense is a Class 3 felony.HB0227 Engrossed -3- LRB9101242RCks 1 (4) Theft of property from the person not exceeding 2 $300 in value, or theft of property exceeding $300 and 3 not exceeding $10,000 in value, is a Class 3 felony. 4 (5) Theft of property exceeding $10,000 and not 5 exceeding $100,000 in value is a Class 2 felony. 6 (6) Theft of property exceeding $100,000 in value 7 is a Class 1 felony. 8 (7) Theft by deception, as described by paragraph 9 (2) of subsection (a) of this Section, in which the 10 offender obtained money or property valued at $5,000 or 11 more from a victim 60 years of age or older is a Class 2 12 felony. 13 (c) When a charge of theft of property exceeding a 14 specified value is brought, the value of the property 15 involved is an element of the offense to be resolved by the 16 trier of fact as either exceeding or not exceeding the 17 specified value. 18 (Source: P.A. 89-377, eff. 8-18-95.) 19 (720 ILCS 5/16-16 new) 20 Sec. 16-16. Possession of a stolen firearm. 21 (a) A person commits possession of a stolen firearm when 22 he or she, not being entitled to the possession of a firearm, 23 possesses or delivers the firearm, knowing it to have been 24 stolen or converted. It may be inferred that a person who 25 possesses a firearm with knowledge that its serial number has 26 been removed or altered has knowledge that the firearm is 27 stolen or converted. 28 (b) Possession of a stolen firearm is a Class 2 felony. 29 (720 ILCS 5/16-16.1 new) 30 Sec. 16-16.1. Aggravated possession of a stolen firearm. 31 (a) A person commits aggravated possession of a stolen 32 firearm when he or she: HB0227 Engrossed -4- LRB9101242RCks 1 (1) Not being entitled to the possession of not 2 less than 2 and not more than 5 firearms, possesses or 3 delivers those firearms at the same time or within a one 4 year period, knowing the firearms to have been stolen or 5 converted. 6 (2) Not being entitled to the possession of not 7 less than 6 and not more than 10 firearms, possesses or 8 delivers those firearms at the same time or within a 2 9 year period, knowing the firearms to have been stolen or 10 converted. 11 (3) Not being entitled to the possession of not 12 less than 11 and not more than 20 firearms, possesses or 13 delivers those firearms at the same time or within a 3 14 year period, knowing the firearms to have been stolen or 15 converted. 16 (4) Not being entitled to the possession of not 17 less than 21 and not more than 30 firearms, possesses or 18 delivers those firearms at the same time or within a 4 19 year period, knowing the firearms to have been stolen or 20 converted. 21 (5) Not being entitled to the possession of not 22 less than 31 and not more than 40 firearms, possesses or 23 delivers those firearms at the same time or within a 5 24 year period, knowing the firearms to have been stolen or 25 converted. 26 (6) Not being entitled to the possession of more 27 than 40 firearms possesses or delivers those firearms at 28 the same time or within a 6 year period, knowing the 29 firearms to have been stolen or converted. 30 (b) It may be inferred that a person who possesses a 31 firearm with knowledge that its serial number has been 32 removed or altered has knowledge that the firearm is stolen 33 or converted. 34 (c) Sentence. HB0227 Engrossed -5- LRB9101242RCks 1 (1) A person who violates paragraph (1) of 2 subsection (a) of this Section commits a Class 2 felony. 3 (2) A person who violates paragraph (2) of 4 subsection (a) of this Section commits a Class 1 felony. 5 (3) A person who violates paragraph (3) of 6 subsection (a) of this Section commits a Class X felony 7 for which he or she shall be sentenced to a term of 8 imprisonment of not less than 6 years and not more than 9 30 years. 10 (4) A person who violates paragraph (4) of 11 subsection (a) of this Section commits a Class X felony 12 for which he or she shall be sentenced to a term of 13 imprisonment of not less than 6 years and not more than 14 40 years. 15 (5) A person who violates paragraph (5) of 16 subsection (a) of this Section commits a Class X felony 17 for which he or she shall be sentenced to a term of 18 imprisonment of not less than 6 years and not more than 19 50 years. 20 (6) A person who violates paragraph (6) of 21 subsection (a) of this Section commits a Class X felony 22 for which he or she shall be sentenced to a term of 23 imprisonment of not less than 6 years and not more than 24 60 years. 25 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1) 26 Sec. 24-1.1. Unlawful Use or Possession of Weapons by 27 Felons or Persons in the Custody of the Department of 28 Corrections Facilities. 29 (a) It is unlawful for a person to knowingly possess on 30 or about his person or on his land or in his own abode or 31 fixed place of business any weapon prohibited under Section 32 24-1 of this Act or any firearm or any firearm ammunition if 33 the person has been convicted of a felony under the laws of HB0227 Engrossed -6- LRB9101242RCks 1 this State or any other jurisdiction. This Section shall not 2 apply if the person has been granted relief by the Director 3 of the Department of State Police under Section 10 of the 4 Firearm Owners Identification Card Act. 5 (b) It is unlawful for any person confined in a penal 6 institution, which is a facility of the Illinois Department 7 of Corrections, to possess any weapon prohibited under 8 Section 24-1 of this Code or any firearm or firearm 9 ammunition, regardless of the intent with which he possesses 10 it. 11 (c) It shall be an affirmative defense to a violation of 12 subsection (b), that such possession was specifically 13 authorized by rule, regulation, or directive of the Illinois 14 Department of Corrections or order issued pursuant thereto. 15 (d) The defense of necessity is not available to a 16 person who is charged with a violation of subsection (b) of 17 this Section. 18 (e) Sentence. Violation of this Section by a person not 19 confined in a penal institution shall be a Class 3 felony for 20 which the person, if sentenced to a term of imprisonment, 21 shall be sentenced to no less than 2 years and no more than 22 10 years. Violation of this Section by a person not confined 23 in a penal institution who has been convicted of a forcible 24 felony, a felony violation of Article 24 of this Code or of 25 the Firearm Owners Identification Card Act, stalking or 26 aggravated stalking, or a Class 2 or greater felony under the 27 Illinois Controlled Substances Act or the Cannabis Control 28 Act is a Class 2 felony for which the person, if sentenced to 29 a term of imprisonment, shall be sentenced to not less than 3 30 years and not more than 14 years. Violation of this Section 31 by a person who is on parole or mandatory supervised release 32 is a Class 2 felony for which the person, if sentenced to a 33 term of imprisonment, shall be sentenced to not less than 3 34 years and not more than 14 years. Violation of this Section HB0227 Engrossed -7- LRB9101242RCks 1 by a person not confined in a penal institution is a Class X 2 felony when the firearm possessed is a machine gun. Any 3 person who violates this Section while confined in a penal 4 institution, which is a facility of the Illinois Department 5 of Corrections, is guilty of a Class 1 felony, if he 6 possesses any weapon prohibited under Section 24-1 of this 7 Code regardless of the intent with which he possesses it,and8a Class X felony if he possesses any firearm, firearm 9 ammunition or explosive, and a Class X felony for which the 10 offender shall be sentenced to not less than 12 years and not 11 more than 50 years when the firearm possessed is a machine 12 gun. 13 (Source: P.A. 88-300.)