103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3389

 

Introduced 2/17/2023, by Rep. Angelica Guerrero-Cuellar

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/7-1  from Ch. 38, par. 7-1

    Amends the Criminal Code of 2012. Provides that a person is not justified in the use of force against another if the person is a streetgang member or gang member and is in possession of a firearm in violation of the Deadly Weapons Article of the Code, the Firearm Owners Identification Card Act, or the Firearm Concealed Carry Act. Provides that a person is not justified in the use of force against another if the person is a convicted felon. Defines "streetgang member" and "gang member".


LRB103 05078 RLC 55771 b

 

 

A BILL FOR

 

HB3389LRB103 05078 RLC 55771 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 7-1 as follows:
 
6    (720 ILCS 5/7-1)  (from Ch. 38, par. 7-1)
7    Sec. 7-1. Use of force in defense of person.
8    (a) A person is justified in the use of force against
9another when and to the extent that he reasonably believes
10that such conduct is necessary to defend himself or another
11against such other's imminent use of unlawful force. However,
12he is justified in the use of force which is intended or likely
13to cause death or great bodily harm only if he reasonably
14believes that such force is necessary to prevent imminent
15death or great bodily harm to himself or another, or the
16commission of a forcible felony.
17    (b) In no case shall any act involving the use of force
18justified under this Section give rise to any claim or
19liability brought by or on behalf of any person acting within
20the definition of "aggressor" set forth in Section 7-4 of this
21Article, or the estate, spouse, or other family member of such
22a person, against the person or estate of the person using such
23justified force, unless the use of force involves willful or

 

 

HB3389- 2 -LRB103 05078 RLC 55771 b

1wanton misconduct.
2    (c) A person is not justified in the use of force against
3another as provided in subsection (a) or (b) if the person is a
4streetgang member or gang member and is in possession of a
5firearm in violation of Article 24 of this Code, the Firearm
6Owners Identification Card Act, or the Firearm Concealed Carry
7Act.
8    (d) A person is not justified in the use of force against
9another as provided in subsection (a) or (b) if the person is a
10convicted felon.
11    (e) In this Section, "streetgang member" and "gang member"
12have the meanings ascribed to those terms in Section 10 of the
13Illinois Streetgang Terrorism Omnibus Prevention Act.
14(Source: P.A. 93-832, eff. 7-28-04.)