94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0055


 
Introduced 1/26/2005, by Sen. Peter J. Roskam
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/24-1.1
  from Ch. 38, par. 24-1.1







    Amends the Criminal Code of 1961.  Provides that a violation of the offense prohibiting possession by a felon of a firearm with respect to each firearm and ammunition for that firearm constitutes a single and separate violation.  Effective immediately.  
















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB0055

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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 
 


 






SB0055
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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.