State of Illinois
91st General Assembly
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Public Act 91-0544

HB0227 Enrolled                                LRB9101242RCks

    AN ACT to amend the Criminal Code  of  1961  by  changing
Sections  16-1  and  24-1.1 and adding Sections 2-7.1, 16-16,
and 16-16.1.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Criminal  Code  of  1961 is amended by
changing Sections 16-1 and 24-1.1 and adding Sections  2-7.1,
16-16, and 16-16.1 as follows:

    (720 ILCS 5/2-7.1 new)
    Sec.    2-7.1.  "Firearm"   and   "firearm   ammunition".
"Firearm" and "firearm ammunition" have the meanings ascribed
to them in Section 1.1 of the Firearm  Owners  Identification
Card Act.

    (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
    Sec. 16-1.  Theft.
    (a)  A person commits theft when he knowingly:
         (1)  Obtains  or  exerts  unauthorized  control over
    property of the owner; or
         (2)  Obtains by deception control over  property  of
    the owner; or
         (3)  Obtains  by threat control over property of the
    owner; or
         (4)  Obtains control over  stolen  property  knowing
    the   property   to   have  been  stolen  or  under  such
    circumstances as would reasonably induce him  to  believe
    that the property was stolen; or
         (5)  Obtains  or exerts control over property in the
    custody of any law enforcement agency which is explicitly
    represented to him by any law enforcement officer or  any
    individual  acting  in behalf of a law enforcement agency
    as being stolen, and
              (A)  Intends to deprive the  owner  permanently
         of the use or benefit of the property; or
              (B)  Knowingly  uses,  conceals or abandons the
         property in such manner  as  to  deprive  the  owner
         permanently of such use or benefit; or
              (C)  Uses,  conceals,  or abandons the property
         knowing  such  use,   concealment   or   abandonment
         probably  will deprive the owner permanently of such
         use or benefit.
    The term "firearm" for the purposes of this  Section  has
the  meaning  ascribed  to  it  in Section 1.1 of the Firearm
Owners Identification Card Act.
    (b)  Sentence.
         (1)  Theft of property, other than  a  firearm,  not
    from  the  person  and  not  exceeding $300 in value is a
    Class A misdemeanor.
         (2)  A person who has been  convicted  of  theft  of
    property  not  from  the person and not exceeding $300 in
    value, other than a firearm and not from the person,  who
    has  been  previously  convicted  of  any  type of theft,
    robbery, armed robbery, burglary,  residential  burglary,
    possession  of  burglary tools or home invasion is guilty
    of a Class 4 felony.  When a person has  any  such  prior
    conviction,  the  information or indictment charging that
    person shall state such prior conviction so  as  to  give
    notice  of the State's intention to treat the charge as a
    felony.  The fact of such  prior  conviction  is  not  an
    element  of  the  offense and may not be disclosed to the
    jury during trial unless otherwise  permitted  by  issues
    properly raised during such trial.
         (3)  (Blank). Theft of a firearm not from the person
    regardless  of  value  is  a Class 4 felony.  A second or
    subsequent such offense is a Class 3 felony.
         (4)  Theft of property from the person not exceeding
    $300 in value, or theft of property  exceeding  $300  and
    not exceeding $10,000 in value, is a Class 3 felony.
         (5)  Theft  of  property  exceeding  $10,000 and not
    exceeding $100,000 in value is a Class 2 felony.
         (6)  Theft of property exceeding $100,000  in  value
    is a Class 1 felony.
         (7)  Theft  by  deception, as described by paragraph
    (2) of subsection (a)  of  this  Section,  in  which  the
    offender  obtained  money or property valued at $5,000 or
    more from a victim 60 years of age or older is a Class  2
    felony.
    (c)  When  a  charge  of  theft  of  property exceeding a
specified  value  is  brought,  the  value  of  the  property
involved is an element of the offense to be resolved  by  the
trier  of  fact  as  either  exceeding  or  not exceeding the
specified value.
(Source: P.A. 89-377, eff. 8-18-95.)

    (720 ILCS 5/16-16 new)
    Sec. 16-16. Possession of a stolen firearm.
    (a)  A person commits possession of a stolen firearm when
he or she, not being entitled to the possession of a firearm,
possesses or delivers the firearm, knowing it  to  have  been
stolen  or  converted.   It may be inferred that a person who
possesses a firearm with knowledge that its serial number has
been removed or altered has knowledge  that  the  firearm  is
stolen or converted.
    (b)  Possession of a stolen firearm is a Class 2 felony.

    (720 ILCS 5/16-16.1 new)
    Sec. 16-16.1. Aggravated possession of a stolen firearm.
    (a)  A  person  commits aggravated possession of a stolen
firearm when he or she:
         (1)  Not being entitled to  the  possession  of  not
    less  than  2  and not more than 5 firearms, possesses or
    delivers those firearms at the same time or within a  one
    year  period, knowing the firearms to have been stolen or
    converted.
         (2)  Not being entitled to  the  possession  of  not
    less  than  6 and not more than 10 firearms, possesses or
    delivers those firearms at the same time or  within  a  2
    year  period, knowing the firearms to have been stolen or
    converted.
         (3)  Not being entitled to  the  possession  of  not
    less  than 11 and not more than 20 firearms, possesses or
    delivers those firearms at the same time or  within  a  3
    year  period, knowing the firearms to have been stolen or
    converted.
         (4)  Not being entitled to  the  possession  of  not
    less  than 21 and not more than 30 firearms, possesses or
    delivers those firearms at the same time or  within  a  4
    year  period, knowing the firearms to have been stolen or
    converted.
         (5)  Not being entitled to the  possession  of  more
    than 31 firearms, possesses or delivers those firearms at
    the  same  time  or  within  a 5 year period, knowing the
    firearms to have been stolen or converted.
    (b)  It may be inferred that a  person  who  possesses  a
firearm  with  knowledge  that  its  serial  number  has been
removed or altered has knowledge that the firearm  is  stolen
or converted.
    (c)  Sentence.
         (1)  A   person   who   violates  paragraph  (1)  of
    subsection (a) of this Section commits a Class 1 felony.
         (2)  A  person  who  violates   paragraph   (2)   of
    subsection  (a)  of this Section commits a Class X felony
    for which he or she shall  be  sentenced  to  a  term  of

    imprisonment  of  not less than 6 years and not more than
    30 years.
         (3)  A  person  who  violates   paragraph   (3)   of
    subsection  (a)  of this Section commits a Class X felony
    for which he or she shall  be  sentenced  to  a  term  of
    imprisonment  of  not less than 6 years and not more than
    40 years.
         (4)  A  person  who  violates   paragraph   (4)   of
    subsection  (a)  of this Section commits a Class X felony
    for which he or she shall  be  sentenced  to  a  term  of
    imprisonment  of  not less than 6 years and not more than
    50 years.
         (5)  A  person  who  violates   paragraph   (5)   of
    subsection  (a)  of this Section commits a Class X felony
    for which he or she shall  be  sentenced  to  a  term  of
    imprisonment  of  not less than 6 years and not more than
    60 years.

    (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
    Sec. 24-1.1.  Unlawful Use or Possession  of  Weapons  by
Felons  or  Persons  in  the  Custody  of  the  Department of
Corrections Facilities.
    (a)  It is unlawful for a person to knowingly possess  on
or  about  his  person  or on his land or in his own abode or
fixed place of business any weapon prohibited  under  Section
24-1  of this Act or any firearm or any firearm ammunition if
the person has been convicted of a felony under the  laws  of
this State or any other jurisdiction.  This Section shall not
apply  if  the person has been granted relief by the Director
of the Department of State Police under  Section  10  of  the
Firearm Owners Identification Card Act.
    (b)  It  is  unlawful  for any person confined in a penal
institution, which is a facility of the  Illinois  Department
of  Corrections,  to  possess  any  weapon  prohibited  under
Section   24-1  of  this  Code  or  any  firearm  or  firearm
ammunition, regardless of the intent with which he  possesses
it.
    (c)  It shall be an affirmative defense to a violation of
subsection   (b),   that  such  possession  was  specifically
authorized by rule, regulation, or directive of the  Illinois
Department of Corrections or order issued pursuant thereto.
    (d)  The  defense  of  necessity  is  not  available to a
person who is charged with a violation of subsection  (b)  of
this Section.
    (e)  Sentence.  Violation of this Section by a person not
confined in a penal institution shall be a Class 3 felony for
which the person, if sentenced to  a  term  of  imprisonment,
shall  be  sentenced to no less than 2 years and no more than
10 years.  Violation of this Section by a person not confined
in a penal institution who has been convicted of  a  forcible
felony,  a  felony violation of Article 24 of this Code or of
the Firearm  Owners  Identification  Card  Act,  stalking  or
aggravated stalking, or a Class 2 or greater felony under the
Illinois  Controlled  Substances  Act or the Cannabis Control
Act is a Class 2 felony for which the person, if sentenced to
a term of imprisonment, shall be sentenced to not less than 3
years and not more than 14 years. Violation of  this  Section
by  a person who is on parole or mandatory supervised release
is a Class 2 felony for which the person, if sentenced  to  a
term  of  imprisonment, shall be sentenced to not less than 3
years and not more than 14 years.  Violation of this  Section
by  a person not confined in a penal institution is a Class X
felony when the firearm  possessed  is  a  machine  gun.  Any
person  who  violates  this Section while confined in a penal
institution, which is a facility of the  Illinois  Department
of  Corrections,  is  guilty  of  a  Class  1  felony,  if he
possesses any weapon prohibited under Section  24-1  of  this
Code regardless of the intent with which he possesses it, and
a  Class  X  felony  if  he  possesses  any  firearm, firearm
ammunition or explosive, and a Class X felony for  which  the
offender shall be sentenced to not less than 12 years and not
more  than  50  years when the firearm possessed is a machine
gun.
(Source: P.A. 88-300.)

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