HB1469ham001 100TH GENERAL ASSEMBLY

Rep. Daniel J. Burke

Filed: 2/26/2018

10000HB1469ham001 LRB100 03293 SLF 36741 a

AMENDMENT TO HOUSE BILL 1469

AMENDMENT NO. ______. Amend House Bill 1469 by replacing everything after the enacting clause with the following:

"Section 1. This Act may be referred to as the Commander Paul Bauer Act.

Section 5. The Criminal Code of 2012 is amended by changing Sections 33F-2 and 33F-3 and by adding Section 24-1.9 as follows:

(720 ILCS 5/24-1.9 new)

Sec. 24-1.9. Delivery or sale of large capacity ammunition feeding devices.

(a) In this Section:

"Large capacity ammunition feeding device" means:

(1) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; or

(2) any combination of parts from which a device described in paragraph (1) of this subsection (a) can be assembled.

"Large capacity ammunition feeding device" does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. "Large capacity ammunition feeding device" does not include a tubular magazine that is contained in a lever-action firearm or any device that has been made permanently inoperable.

(b) Except as provided in subsection (c) of this Section, 90 days after the effective date of this amendatory Act of the 100th General Assembly, it is unlawful for any person within this State to knowingly deliver, sell, purchase, or possess or cause to be delivered, sold, or purchased a large capacity ammunition feeding device.

(c) This Section does not apply to or affect any of the following:

(1) Peace officers as defined in Section 2-13 of this Code.

(2) A local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) of this subsection (c).

(3) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.

(4) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, for the performance of their official duties.

(5) Any licensed security officer or guard.

(6) Sale of large capacity ammunition feeding devices to persons authorized under subdivisions (1) through (5) of this subsection (c) to possess those devices.

(7) Sale of large capacity ammunition feeding devices for sale or transfer in another state.

(8) Sale or rental of large capacity ammunition feeding devices for blank-firing assault weapons and .50 caliber rifles, to persons authorized or permitted, or both authorized and permitted to acquire these devices for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

(d) Sentence. A person who knowingly delivers, sells, purchases, or causes to be delivered, sold, or purchased in violation of this Section a large capacity ammunition feeding device capable of holding more than 15 rounds of ammunition commits a Class 3 felony for a first violation and a Class 2 felony for a second or subsequent violation or for delivery or possession of 2 or more of these devices at the same time. Any other violation of this Section is a Class A misdemeanor.

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

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

(a) A person commits unlawful use of body armor when he or she knowingly sells, transfers, purchases, possesses, or wears body armor.

(b) 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.

(c) Subsection (a) of this Section does not apply to or affect any of the following:

(1) Peace officers as defined in Section 2-13 of this Code.

(2) A local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) of this subsection.

(3) Wardens, superintendents, and keepers of prisons, penitentiaries, jails, and other institutions for the detention of persons accused or convicted of an offense.

(4) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, for the performance of their official duties.

(5) Any licensed security officer or guard.

(6) Sale of body armor to persons authorized under subdivisions (1) through (5) of this subsection (c) to possess body armor.

(7) Sale of body armor for sale or transfer in another state.

(8) Sale or rental of body armor to persons authorized or permitted, or both authorized and permitted to acquire body armor for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event.

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

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

Sec. 33F-3. Sentence.

(1) A person convicted of unlawful use of body armor under subsection (a) of Section 33F-2 for a first offense is guilty of a Class A misdemeanor and for a second or subsequent offense is guilty of a Class 4 felony.

(2) A person convicted of unlawful use of body armor under subsection (b) of Section 33F-2 for a first offense is shall be guilty of a Class 4 felony A misdemeanor and for a second or subsequent offense is shall be guilty of a Class 3 4 felony.

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

Section 99. Effective date. This Act takes effect upon becoming law, except that the amendatory changes to Sections 33F-2 and 33F-3 of the Criminal Code of 2012 take effect 90 after the effective date of the Act.".