Full Text of SB0554 102nd General Assembly
SB0554 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB0554 Introduced 2/23/2021, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 |
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Amends the Criminal Code of 2012. Provides that it is unlawful for a person who has been convicted of a felony to knowingly possess in any vehicle a weapon prohibited under the unlawful use of weapons statute or to knowingly possess firearm ammunition.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | SB0554 | | LRB102 09974 RLC 15292 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 24-1.1 as follows:
| 6 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 7 | | Sec. 24-1.1. Unlawful use or possession of weapons by | 8 | | felons or
persons in the custody of the
Department of | 9 | | Corrections facilities. | 10 | | (a) It is unlawful
for a person to knowingly possess in any | 11 | | vehicle or on or about his person or on his land or
in his own | 12 | | abode or fixed place of business any weapon prohibited under
| 13 | | Section 24-1 of this Act or any firearm or any firearm | 14 | | ammunition if the
person has been convicted of a felony under | 15 | | the laws of this State or any
other jurisdiction. This Section | 16 | | shall not apply if the person has been
granted relief by the | 17 | | Director of the Department of State Police
under Section 10 of | 18 | | the Firearm Owners Identification
Card Act.
| 19 | | (b) It is unlawful for any person confined in a penal | 20 | | institution,
which is a facility of the Illinois Department of | 21 | | Corrections, to possess
any weapon prohibited under Section | 22 | | 24-1 of this Code or any firearm or
firearm ammunition, | 23 | | regardless of the intent with which he possesses it.
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| 1 | | (c) It shall be an affirmative defense to a violation of | 2 | | subsection (b), that such possession was specifically | 3 | | authorized by rule,
regulation, or directive of the Illinois | 4 | | Department of Corrections or order
issued pursuant thereto.
| 5 | | (d) The defense of necessity is not available to a person | 6 | | who is charged
with a violation of subsection (b) of this | 7 | | Section.
| 8 | | (e) Sentence. Violation of this Section by a person not | 9 | | confined
in a penal institution shall be a Class 3 felony
for | 10 | | which the person shall be sentenced to no less than 2 years and | 11 | | no
more than 10 years. A second or subsequent violation of this | 12 | | Section shall be a Class 2 felony for which the person shall be | 13 | | sentenced to a term of imprisonment of not less than 3 years | 14 | | and not more than 14 years, except as provided for in Section | 15 | | 5-4.5-110 of the Unified Code of Corrections. Violation of | 16 | | this Section by a person not confined in a
penal institution | 17 | | who has been convicted of a forcible felony, a felony
| 18 | | violation of Article 24 of this Code or of the Firearm Owners | 19 | | Identification
Card Act, stalking or aggravated stalking, or a | 20 | | Class 2 or greater felony
under the Illinois Controlled | 21 | | Substances Act, the Cannabis Control Act, or the | 22 | | Methamphetamine Control and Community Protection Act is a
| 23 | | Class 2 felony for which the person
shall be sentenced to not | 24 | | less than 3 years and not more than 14 years, except as | 25 | | provided for in Section 5-4.5-110 of the Unified Code of | 26 | | Corrections.
Violation of this Section by a person who is on |
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| 1 | | parole or mandatory supervised
release is a Class 2 felony for | 2 | | which the person shall be sentenced to not less than 3 years | 3 | | and not more than 14
years, except as provided for in Section | 4 | | 5-4.5-110 of the Unified Code of Corrections. Violation of | 5 | | this Section by a person not confined in a penal
institution is | 6 | | a Class X felony when the firearm possessed is a machine gun.
| 7 | | Any person who violates this Section while confined in a penal
| 8 | | institution, which is a facility of the Illinois Department of
| 9 | | Corrections, is guilty of a Class 1
felony, if he possesses any | 10 | | weapon prohibited under Section 24-1 of this
Code regardless | 11 | | of the intent with which he possesses it, a Class X
felony if | 12 | | he possesses any firearm, firearm ammunition or explosive, and | 13 | | a
Class X felony for which the offender shall be sentenced to | 14 | | not less than 12
years and not more than 50 years when the | 15 | | firearm possessed is a machine
gun. A violation of this | 16 | | Section while wearing or in possession of body armor as | 17 | | defined in Section 33F-1 is a Class X felony punishable by a | 18 | | term of imprisonment of not less than 10 years and not more | 19 | | than 40 years.
The possession of each firearm or firearm | 20 | | ammunition in violation of this Section constitutes a single | 21 | | and separate violation.
| 22 | | (Source: P.A. 100-3, eff. 1-1-18 .)
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