HB2897 98TH GENERAL ASSEMBLY

LRB098 07706 RLC 37783 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2897

Introduced , by Rep. Kathleen Willis

SYNOPSIS AS INTRODUCED:

720 ILCS 5/33F-1	from Ch. 38, par. 33F-1
720 ILCS 5/33F-2	from Ch. 38, par. 33F-2
720 ILCS 5/33F-3	from Ch. 38, par. 33F-3

Amends the Criminal Code of 2012. Provides that a person also commits unlawful use of body armor when he or she knowingly purchases, owns, or possesses body armor, if that person has been convicted of a felony that is a crime of violence. Establishes exceptions. Provides that a violation is a Class 4 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by changing Sections 33F-1, 33F-2, and 33F-3 as follows:

(720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)

Sec. 33F-1. Definitions. For purposes of this Article:

(a) "Body Armor" means any one of the following:

(1) A military style flak or tactical assault vest which is made of Kevlar or any other similar material or metal, fiberglass, plastic, and nylon plates and designed to be worn over one's clothing for the intended purpose of stopping not only missile fragmentation from mines, grenades, mortar shells and artillery fire but also fire from rifles, machine guns, and small arms.

(2) Soft body armor which is made of Kevlar or any other similar material or metal or any other type of insert and which is lightweight and pliable and which can be easily concealed under a shirt.

(3) A military style recon/surveillance vest which is made of Kevlar or any other similar material and which is lightweight and designed to be worn over one's clothing.

(4) Protective casual clothing which is made of Kevlar or any other similar material and which was originally intended to be used by undercover law enforcement officers or dignitaries and is designed to look like jackets, coats, raincoats, quilted or three piece suit vests.

(a-5) "Crime of violence" means a felony offense that is defined as a crime of violence in Section 2 of the Crime Victims Compensation Act.

(b) "Dangerous weapon" means a Category I, Category II, or Category III weapon as defined in Section 33A-1 of this Code.

(Source: P.A. 91-696, eff. 4-13-00.)

(720 ILCS 5/33F-2) (from Ch. 38, par. 33F-2)

Sec. 33F-2. Unlawful use of body armor.

(a) A person commits the offense of unlawful use of body armor when he or she knowingly wears body armor and is in possession of a dangerous weapon, other than a firearm, in the commission or attempted commission of any offense.

(b) A person commits unlawful use of body armor when he or she knowingly purchases, owns, or possesses body armor, if that person has been convicted of a felony that is a crime of violence.

(c) It is an affirmative defense to a violation under subsection (b) that the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity. It is also an affirmative defense to a violation under subsection (b) for a confidential informant or witness with a conviction for a crime of violence to possess body armor when that person is engaged by a law enforcement agency, for a legitimate law enforcement purpose, and is under the direct supervision and acting under the direct authorization of the chief of police of that law enforcement agency or a law enforcement officer designated by the chief of police.

(Source: P.A. 93-906, eff. 8-11-04.)

(720 ILCS 5/33F-3) (from Ch. 38, par. 33F-3)

Sec. 33F-3. Sentence. A person convicted of unlawful use of body armor under subsection (a) for a first offense is shall be guilty of a Class A misdemeanor and for a second or subsequent offense is shall be guilty of a Class 4 felony. A person convicted of unlawful use of body armor under subsection (b) is guilty of a Class 4 felony.

(Source: P.A. 87-521.)