Illinois General Assembly - Full Text of SB0554
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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:
 
720 ILCS 5/24-1.1  from Ch. 38, par. 24-1.1

    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.


LRB102 09974 RLC 15292 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB0554LRB102 09974 RLC 15292 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 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
8felons or persons in the custody of the Department of
9Corrections facilities.
10    (a) It is unlawful for a person to knowingly possess in any
11vehicle or on or about his person or on his land or in his own
12abode or fixed place of business any weapon prohibited under
13Section 24-1 of this Act or any firearm or any firearm
14ammunition if the person has been convicted of a felony under
15the laws of this State or any other jurisdiction. This Section
16shall not apply if the person has been granted relief by the
17Director of the Department of State Police under Section 10 of
18the Firearm Owners Identification Card Act.
19    (b) It is unlawful for any person confined in a penal
20institution, which is a facility of the Illinois Department of
21Corrections, to possess any weapon prohibited under Section
2224-1 of this Code or any firearm or firearm ammunition,
23regardless of the intent with which he possesses it.

 

 

SB0554- 2 -LRB102 09974 RLC 15292 b

1    (c) It shall be an affirmative defense to a violation of
2subsection (b), that such possession was specifically
3authorized by rule, regulation, or directive of the Illinois
4Department of Corrections or order issued pursuant thereto.
5    (d) The defense of necessity is not available to a person
6who is charged with a violation of subsection (b) of this
7Section.
8    (e) Sentence. Violation of this Section by a person not
9confined in a penal institution shall be a Class 3 felony for
10which the person shall be sentenced to no less than 2 years and
11no more than 10 years. A second or subsequent violation of this
12Section shall be a Class 2 felony for which the person shall be
13sentenced to a term of imprisonment of not less than 3 years
14and not more than 14 years, except as provided for in Section
155-4.5-110 of the Unified Code of Corrections. Violation of
16this Section by a person not confined in a penal institution
17who has been convicted of a forcible felony, a felony
18violation of Article 24 of this Code or of the Firearm Owners
19Identification Card Act, stalking or aggravated stalking, or a
20Class 2 or greater felony under the Illinois Controlled
21Substances Act, the Cannabis Control Act, or the
22Methamphetamine Control and Community Protection Act is a
23Class 2 felony for which the person shall be sentenced to not
24less than 3 years and not more than 14 years, except as
25provided for in Section 5-4.5-110 of the Unified Code of
26Corrections. Violation of this Section by a person who is on

 

 

SB0554- 3 -LRB102 09974 RLC 15292 b

1parole or mandatory supervised release is a Class 2 felony for
2which the person shall be sentenced to not less than 3 years
3and not more than 14 years, except as provided for in Section
45-4.5-110 of the Unified Code of Corrections. Violation of
5this Section by a person not confined in a penal institution is
6a Class X felony when the firearm possessed is a machine gun.
7Any person who violates this Section while confined in a penal
8institution, which is a facility of the Illinois Department of
9Corrections, is guilty of a Class 1 felony, if he possesses any
10weapon prohibited under Section 24-1 of this Code regardless
11of the intent with which he possesses it, a Class X felony if
12he possesses any firearm, firearm ammunition or explosive, and
13a Class X felony for which the offender shall be sentenced to
14not less than 12 years and not more than 50 years when the
15firearm possessed is a machine gun. A violation of this
16Section while wearing or in possession of body armor as
17defined in Section 33F-1 is a Class X felony punishable by a
18term of imprisonment of not less than 10 years and not more
19than 40 years. The possession of each firearm or firearm
20ammunition in violation of this Section constitutes a single
21and separate violation.
22(Source: P.A. 100-3, eff. 1-1-18.)