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91_HB2334
LRB9105907JSmb
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 33A-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 33A-3 as follows:
7 (720 ILCS 5/33A-3) (from Ch. 38, par. 33A-3)
8 Sec. 33A-3. Sentence.
9 (a) Violation of Section 33A-2 with a Category I weapon
10 is a Class X felony for which the defendant shall be
11 sentenced to a minimum term of imprisonment of not less than
12 15 years.
13 (a-5) Violation of Section 33A-2 with a Category II
14 weapon is a Class X felony for which the defendant shall be
15 sentenced to a minimum term of imprisonment of 10 years.
16 (b) Violation of Section 33A-2 with a Category III
17 weapon is a Class 2 felony or the felony classification
18 provided for the same act while unarmed, whichever permits
19 the greater penalty. A second or subsequent violation of
20 Section 33A-2 with a Category III weapon is a Class 1 felony
21 or the felony classification provided for the same act while
22 unarmed, whichever permits the greater penalty.
23 (c) Unless sentencing under Section 33B-1 is applicable,
24 any person who violates Section 33A-2 with a firearm, when
25 that person has been convicted in any state or federal court
26 of 3 or more of the following offenses: treason, first degree
27 murder, second degree murder, predatory criminal sexual
28 assault of a child, aggravated criminal sexual assault,
29 criminal sexual assault, robbery, burglary, arson, kidnaping,
30 aggravated battery resulting in great bodily harm or
31 permanent disability or disfigurement, or a violation of
-2- LRB9105907JSmb
1 Section 401(a) of the Illinois Controlled Substances Act,
2 when the third offense was committed after conviction on the
3 second, the second offense was committed after conviction on
4 the first, and the violation of Section 33A-2 was committed
5 after conviction on the third, shall be sentenced to a term
6 of imprisonment of not less than 25 years nor more than 50
7 years.
8 (Source: P.A. 88-467; 88-680, eff. 1-1-95; 89-428, eff.
9 12-13-95; 89-462, eff. 5-29-96.)