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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1589 Introduced 2/9/2011, by Sen. Antonio Muņoz SYNOPSIS AS INTRODUCED:
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720 ILCS 5/24-1.1 | from Ch. 38, par. 24-1.1 |
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Amends the Criminal Code of 1961. Provides that unlawful use or possession of a weapons by a felon who is not confined to a penal institution or who is on parole or mandatory supervised
release is an offense for which the person shall receive a mandatory sentence of imprisonment.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | SB1589 | | LRB097 06138 RLC 46212 b |
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| 1 | | AN ACT concerning criminal law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Criminal Code of 1961 is amended by changing |
| 5 | | Section 24-1.1 as follows:
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| 6 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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| 7 | | Sec. 24-1.1. Unlawful Use or Possession of Weapons by |
| 8 | | Felons or
Persons in the Custody of the
Department of |
| 9 | | Corrections Facilities. |
| 10 | | (a) It is unlawful
for a person to knowingly possess on or |
| 11 | | about his person or on his land or
in his own abode or fixed |
| 12 | | place of business any weapon prohibited under
Section 24-1 of |
| 13 | | this Act or any firearm or any firearm ammunition if the
person |
| 14 | | has been convicted of a felony under the laws of this State or |
| 15 | | any
other jurisdiction. This Section shall not apply if the |
| 16 | | person has been
granted relief by the Director of the |
| 17 | | Department of State Police
under Section 10 of the Firearm |
| 18 | | Owners Identification
Card Act.
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| 19 | | (b) It is unlawful for any person confined in a penal |
| 20 | | institution,
which is a facility of the Illinois Department of |
| 21 | | Corrections, to possess
any weapon prohibited under Section |
| 22 | | 24-1 of this Code or any firearm or
firearm ammunition, |
| 23 | | regardless of the intent with which he possesses it.
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| | SB1589 | - 2 - | LRB097 06138 RLC 46212 b |
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| 1 | | (c) It shall be an affirmative defense to a violation of |
| 2 | | subsection (b), that such possession was specifically |
| 3 | | authorized by rule,
regulation, or directive of the Illinois |
| 4 | | Department of Corrections or order
issued pursuant thereto.
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| 5 | | (d) The defense of necessity is not available to a person |
| 6 | | who is charged
with a violation of subsection (b) of this |
| 7 | | Section.
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| 8 | | (e) Sentence. Violation of this Section by a person not |
| 9 | | confined
in a penal institution shall be a Class 3 felony
for |
| 10 | | which the person, if sentenced
to a term of imprisonment, shall |
| 11 | | be sentenced to no less than 2 years and no
more than 10 years |
| 12 | | and any second or subsequent violation shall be a Class 2 |
| 13 | | felony for which the person shall be sentenced to a term of |
| 14 | | imprisonment of not less than 3 years and not more than 14 |
| 15 | | years. Violation of this Section by a person not confined in a
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| 16 | | penal institution who has been convicted of a forcible felony, |
| 17 | | a felony
violation of Article 24 of this Code or of the Firearm |
| 18 | | Owners Identification
Card Act, stalking or aggravated |
| 19 | | stalking, or a Class 2 or greater felony
under the Illinois |
| 20 | | Controlled Substances Act, the Cannabis Control Act, or the |
| 21 | | Methamphetamine Control and Community Protection Act is a
Class |
| 22 | | 2 felony for which the person
shall be sentenced to not less |
| 23 | | than 3 years and not more than 14 years.
Violation of this |
| 24 | | Section by a person who is on parole or mandatory supervised
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| 25 | | release is a Class 2 felony for which the person, if sentenced |
| 26 | | to a term of
imprisonment, shall be sentenced to not less than |
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| 1 | | 3 years and not more than 14
years. Violation of this Section |
| 2 | | by a person not confined in a penal
institution is a Class X |
| 3 | | felony when the firearm possessed is a machine gun.
Any person |
| 4 | | who violates this Section while confined in a penal
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| 5 | | institution, which is a facility of the Illinois Department of
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| 6 | | Corrections, is guilty of a Class 1
felony, if he possesses any |
| 7 | | weapon prohibited under Section 24-1 of this
Code regardless of |
| 8 | | the intent with which he possesses it, a Class X
felony if he |
| 9 | | possesses any firearm, firearm ammunition or explosive, and a
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| 10 | | Class X felony for which the offender shall be sentenced to not |
| 11 | | less than 12
years and not more than 50 years when the firearm |
| 12 | | possessed is a machine
gun. A violation of this Section while |
| 13 | | wearing or in possession of body armor as defined in Section |
| 14 | | 33F-1 is a Class X felony punishable by a term of imprisonment |
| 15 | | of not less than 10 years and not more than 40 years.
The |
| 16 | | possession of each firearm or firearm ammunition in violation |
| 17 | | of this Section constitutes a single and separate violation.
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| 18 | | (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 94-556, |
| 19 | | eff. 9-11-05; 95-331, eff. 8-21-07.)
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