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HB0132 Engrossed |
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LRB094 04029 RLC 34045 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 24-1.1 as follows:
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| (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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| Sec. 24-1.1. Unlawful Use or Possession of Weapons by |
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| Felons or
Persons in the Custody of the
Department of |
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| Corrections Facilities. |
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| (a) It is unlawful
for a person to knowingly possess on or |
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| about his person or on his land or
in his own abode or fixed |
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| place of business any weapon prohibited under
Section 24-1 of |
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| this Act or any firearm or any firearm ammunition if the
person |
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| has been convicted of a felony under the laws of this State or |
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| any
other jurisdiction. This Section shall not apply if the |
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| person has been
granted relief by the Director of the |
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| Department of State Police
under Section 10 of the Firearm |
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| Owners Identification
Card Act.
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| (b) It is unlawful for any person confined in a penal |
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| institution,
which is a facility of the Illinois Department of |
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| Corrections, to possess
any weapon prohibited under Section |
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| 24-1 of this Code or any firearm or
firearm ammunition, |
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| regardless of the intent with which he possesses it.
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| (c) It shall be an affirmative defense to a violation of |
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| subsection (b), that such possession was specifically |
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| authorized by rule,
regulation, or directive of the Illinois |
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| Department of Corrections or order
issued pursuant thereto.
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| (d) The defense of necessity is not available to a person |
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| who is charged
with a violation of subsection (b) of this |
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| Section.
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| (e) Sentence. Violation of this Section by a person not |
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| confined
in a penal institution shall be a Class 3 felony
for |
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HB0132 Engrossed |
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LRB094 04029 RLC 34045 b |
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| which the person, if sentenced
to a term of imprisonment, shall |
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| be sentenced to no less than 2 years and no
more than 10 years. |
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| Violation of this Section by a person not confined in a
penal |
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| institution who has been convicted of a forcible felony, a |
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| felony
violation of Article 24 of this Code or of the Firearm |
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| Owners Identification
Card Act, stalking or aggravated |
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| stalking, or a Class 2 or greater felony
under the Illinois |
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| Controlled Substances Act or the Cannabis Control Act is a
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| Class 2 felony for which the person, if sentenced to a term of |
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| imprisonment,
shall be sentenced to not less than 3 years and |
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| not more than 14 years.
Violation of this Section by a person |
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| who is on parole or mandatory supervised
release is a Class 2 |
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| felony for which the person, if sentenced to a term of
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| imprisonment, shall be sentenced to not less than 3 years and |
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| not more than 14
years. Violation of this Section by a person |
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| not confined in a penal
institution is a Class X felony when |
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| the firearm possessed is a machine gun.
Any person who violates |
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| this Section while confined in a penal
institution, which is a |
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| facility of the Illinois Department of
Corrections, is guilty |
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| of a Class 1
felony, if he possesses any weapon prohibited |
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| under Section 24-1 of this
Code regardless of the intent with |
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| which he possesses it, a Class X
felony if he possesses any |
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| firearm, firearm ammunition or explosive, and a
Class X felony |
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| for which the offender shall be sentenced to not less than 12
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| years and not more than 50 years when the firearm possessed is |
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| a machine
gun. A violation of this Section while wearing or in |
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| possession of body armor as defined in Section 33F-1 is a Class |
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| X felony punishable by a term of imprisonment of not less than |
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| 10 years and not more than 40 years.
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| (f) A violation of this Section with respect to each |
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| firearm and ammunition for that firearm constitutes a single |
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| and separate violation of this Section.
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| (Source: P.A. 93-906, eff. 8-11-04.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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