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90_HB1356ham002
LRB9000105RCksam02
1 AMENDMENT TO HOUSE BILL 1356
2 AMENDMENT NO. . Amend House Bill 1356 by replacing
3 everything after the introductory clause to Section 5 with
4 the following:
5 "(720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
6 Sec. 24-6. Confiscation and disposition of weapons.
7 (a) Upon conviction of an offense in which a weapon was
8 used or possessed by the offender, any weapon seized shall be
9 confiscated by the trial court.
10 (b) Any stolen weapon so confiscated, when no longer
11 needed for evidentiary purposes, shall be returned to the
12 person entitled to possession, if known. After the
13 disposition of a criminal case or in any criminal case where
14 a final judgment in the case was not entered due to the death
15 of the defendant, and when a confiscated weapon is no longer
16 needed for evidentiary purposes, and when in due course no
17 legitimate claim has been made for the weapon, the court may
18 transfer the weapon to the sheriff of the county who may
19 proceed to destroy it, or may in its discretion order the
20 weapon preserved as property of the governmental body whose
21 police agency seized the weapon, or may in its discretion
22 order the weapon to be transferred to the Department of State
23 Police for use by the crime laboratory system, for training
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1 purposes, or for any other application as deemed appropriate
2 by the Department.
3 In addition to the dispositions provided for in the
4 preceding sentences of this subsection (b), in counties of
5 fewer than 3,000,000 inhabitants, a sheriff to whom a weapon
6 is transferred by the court may permit the trade for other
7 weapons or other equipment used by a police agency for law
8 enforcement purposes or sale of the weapon with the proceeds
9 of the sale to be used for crime prevention programs,
10 including but not limited to, Crime Stoppers, D.A.R.E., or
11 TRIAD Programs, if the weapon being traded or sold has a
12 useful purpose to another law enforcement agency, including
13 security companies and part-time officers, or a retail value
14 of no less than $200. In counties with fewer than 3,000,000
15 inhabitants, a sheriff to whom a weapon has been transferred
16 by the court may not permit the weapon to be traded or sold
17 to any federally licensed firearm dealer unless no less than
18 50% of the business of the firearm dealer is with law
19 enforcement agencies in which case the sheriff may permit the
20 weapon to be traded or sold to that firearm dealer. In these
21 counties a weapon with no useful law enforcement purpose
22 shall be dismantled and destroyed including the serialed
23 frame but excluding other parts of value.
24 If, after the disposition of a criminal case, a need
25 still exists for the use of the confiscated weapon for
26 evidentiary purposes, the court may transfer the weapon to
27 the custody of the State Department of Corrections for
28 preservation. The court may not order the transfer of the
29 weapon to any private individual or private organization
30 other than to return a stolen weapon to its rightful owner.
31 The provisions of this Section shall not apply to
32 violations of the Fish and Aquatic Life Code or the Wildlife
33 Code. Confiscation of weapons for Fish and Aquatic Life Code
34 and Wildlife Code violations shall be only as provided in
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1 those Codes.
2 (c) Any mental hospital that admits a person as an
3 inpatient pursuant to any of the provisions of the Mental
4 Health and Developmental Disabilities Code shall confiscate
5 any firearms in the possession of that person at the time of
6 admission, or at any time the firearms are discovered in the
7 person's possession during the course of hospitalization. The
8 hospital shall, as soon as possible following confiscation,
9 transfer custody of the firearms to the appropriate law
10 enforcement agency. The hospital shall give written notice to
11 the person from whom the firearm was confiscated of the
12 identity and address of the law enforcement agency to which
13 it has given the firearm.
14 The law enforcement agency shall maintain possession of
15 any firearm it obtains pursuant to this subsection for a
16 minimum of 90 days. Thereafter, the firearm may be disposed
17 of pursuant to the provisions of subsection (b) of this
18 Section.
19 (Source: P.A. 87-464; 87-895; 88-352; 88-680, eff. 1-1-95.)".