94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4415


 
Introduced 01/06/06, by Rep. JoAnn D. Osmond
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/24-6
  from Ch. 38, par. 24-6







    Amends the Criminal Code of 1961.  Provides that any  weapon voluntarily surrendered to any police agency in a firearm buy-back program, after having been determined not to be stolen,  may be transferred to the sheriff of the county who may proceed to destroy it, or may be preserved as property of the governmental body whose police agency seized the weapon, or may be transferred to the Department of State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department.  Provides that any  weapon voluntarily surrendered to any police agency for safekeeping, after having been determined not to be stolen, and when in due course  no legitimate claim has been made for return of the weapon within 60 days of notice mailed to the last known address of the person surrendering the weapon, may be transferred to the sheriff of the county who may proceed to destroy it, or may be preserved as property of the governmental body whose police agency seized the weapon, or may be transferred to the Department of State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department.
















LRB094 16711 RLC 51981 b

















 


 


A BILL FOR









 











HB4415

LRB094 16711 RLC 51981 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 24-6 as follows:
 



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    (720 ILCS 5/24-6)  (from Ch. 38, par. 24-6)



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    Sec. 24-6. Confiscation and disposition of weapons. 

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    (a) Upon conviction of an offense in which a weapon was 
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used or
possessed by the offender, any weapon seized shall be 
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confiscated by the
trial court.

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    (b) Any stolen weapon so confiscated, when no longer
needed 
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for evidentiary purposes, shall be returned to the person 
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entitled to
possession, if known.  After the
disposition of a 
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criminal case or in any criminal case where a final judgment
in 
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the case was not entered due to the death of the defendant, and 
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when a
confiscated weapon is no longer needed for evidentiary 
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purposes, and when in
due course no legitimate claim has been 
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made for the weapon, the court may
transfer the weapon to the 
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sheriff of the county who may proceed to
destroy it, or may in 
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its discretion order the weapon preserved as
property of the 
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governmental body whose police agency seized the weapon, or
may 
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in its discretion order the weapon to be transferred to the 
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Department
of State Police for use by the crime laboratory 
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system, for training
purposes, or for any other application as 
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deemed appropriate by the
Department.  If, after the disposition 
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of a criminal case, a need still
exists for the use of the 
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confiscated weapon for evidentiary purposes, the
court may 
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transfer the weapon to the custody of the State Department of

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Corrections for preservation.  The court may not order the 
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transfer of the
weapon to any private individual or private 
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organization other than to return
a stolen weapon to its 
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rightful owner.

 


 






HB4415
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LRB094 16711 RLC 51981 b




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    The provisions of this Section shall not apply to 
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violations of the Fish
and Aquatic Life Code or the Wildlife 
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Code.  Confiscation
of weapons for Fish and Aquatic Life Code 
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and Wildlife Code
violations shall be only as provided in those 
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Codes.

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    (c) Any mental hospital that admits a person as an 
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inpatient pursuant
to any of the provisions of the Mental 
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Health and Developmental
Disabilities Code shall confiscate 
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any firearms in the possession of that
person at the time of 
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admission, or at any time the firearms are
discovered in the 
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person's possession during the course of hospitalization.
The 
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hospital shall, as soon as possible following confiscation, 
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transfer
custody of the firearms to the appropriate law 
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enforcement agency. The
hospital shall give written notice to 
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the person from whom the firearm was
confiscated of the 
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identity and address of the law enforcement agency to
which it 
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has given the firearm.

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    The law enforcement agency shall maintain possession of any 
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firearm it
obtains pursuant to this subsection for a minimum of 
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90 days.  Thereafter,
the firearm may be disposed of pursuant to 
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the provisions of subsection (b)
of this Section.

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    (d)  Any  weapon voluntarily surrendered to any police agency 
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in a firearm buy-back program, after having been determined not 
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to be stolen,  may be transferred to the sheriff of the county 
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who may proceed to destroy it, or may be preserved as property 
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of the governmental body whose police agency seized the weapon, 
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or may be transferred to the Department of State Police for use 
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by the crime laboratory system, for training purposes, or for 
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any other application as deemed appropriate by the Department.
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    (e)  Any  weapon voluntarily surrendered to any police agency 
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for safekeeping, after having been determined not to be stolen, 
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and when in due course  no legitimate claim has been made for 
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return of the weapon within 60 days of notice mailed to the 
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last known address of the person surrendering the weapon, may 
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be transferred to the sheriff of the county who may proceed to 
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destroy it, or may be preserved as property of the governmental 
 


 






HB4415
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LRB094 16711 RLC 51981 b




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body whose police agency seized the weapon, or may be 
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transferred to the Department of State Police for use by the 
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crime laboratory system, for training purposes, or for any 
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other application as deemed appropriate by the Department.

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