Full Text of HB4949 93rd General Assembly
HB4949 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4949
Introduced 02/05/04, by Edward J. Acevedo SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/3-5 |
from Ch. 38, par. 3-5 |
720 ILCS 5/12-2 |
from Ch. 38, par. 12-2 |
720 ILCS 5/24-1.1 |
from Ch. 38, par. 24-1.1 |
720 ILCS 5/24-1.6 |
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720 ILCS 5/24-3 |
from Ch. 38, par. 24-3 |
720 ILCS 5/24-3A |
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720 ILCS 5/Art. 24-3B heading new |
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720 ILCS 5/24-3B.5 new |
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720 ILCS 5/24-3B.10 new |
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720 ILCS 5/24-3B.15 new |
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720 ILCS 5/24-3B.20 new |
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720 ILCS 5/24-3B.25 new |
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720 ILCS 5/24-3B.30 new |
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720 ILCS 5/24-3B.35 new |
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720 ILCS 5/24-3B.40 new |
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720 ILCS 5/24-3B.45 new |
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Amends the Criminal Code of 1961. Provides that a prosecution for unlawful sale of firearms, unlawful purchase of a firearm, gunrunning, or defacing identification marks of firearms may be commenced within 10 years after the commission of the offense. Enhances the penalties for various offenses committed while armed with a firearm while wearing or in possession of body armor. Enhances the penalties for gunrunning based upon the the number of firearms illegally transferred. Provides that the offense of unlawful sale of firearms applies to the sale or gift of a firearm to a person who does not possess a valid Firearm Owner's Identification Card and who is required to possess the Card before the person may purchase or receive a firearm. Provides for the forfeiture of property used to commit the offense of gunrunning and for the forfeiture of any moneys, profits, or proceeds a person acquired in whole or in part as a result of committing the offense of gunrunning. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB4949 |
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LRB093 20898 RLC 46857 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 | 5 |
| Sections 3-5, 12-2, 24-1.1, 24-1.6, 24-3, and 24-3A and by | 6 |
| adding Article 24-3B as follows:
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| (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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| Sec. 3-5. General Limitations.
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| (a) A prosecution for: (1) first degree murder, attempt to | 10 |
| commit first
degree
murder, second degree murder,
involuntary | 11 |
| manslaughter, reckless homicide, concealment of homicidal
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| death, treason, arson, aggravated arson, forgery, or (2) any | 13 |
| offense
involving sexual conduct or sexual penetration as | 14 |
| defined by
Section 12-12 of this Code in which the DNA profile | 15 |
| of the offender is
obtained and entered into a DNA database | 16 |
| within 10 years after the commission
of the offense and the | 17 |
| identity of the offender is unknown after a diligent
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| investigation by law enforcement authorities, may be commenced | 19 |
| at any
time.
Clause (2) of this subsection (a) applies only if | 20 |
| the victim reported the
offense to law enforcement authorities | 21 |
| within 2 years after the commission
of the offense unless a | 22 |
| longer period for reporting the offense to law
enforcement | 23 |
| authorities
is provided in Section 3-6.
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| (a-5) A prosecution for unlawful sale of firearms, unlawful | 25 |
| purchase of a firearm, gunrunning, or defacing identification | 26 |
| marks of firearms may be commenced within 10 years after the | 27 |
| commission of the offense.
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| (b) Unless the statute describing the offense provides | 29 |
| otherwise, or the
period of limitation is extended by Section | 30 |
| 3-6, a prosecution for any
offense not designated in Subsection | 31 |
| (a) must be commenced within 3 years
after the commission of | 32 |
| the offense if it is a felony, or within one year
and 6 months |
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| after its commission if it is a misdemeanor.
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| (Source: P.A. 91-801, eff. 6-13-00; 92-752, eff. 8-2-02.)
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| (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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| Sec. 12-2. Aggravated assault.
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| (a) A person commits an aggravated assault, when, in | 6 |
| committing an
assault, he:
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| (1) Uses a deadly weapon or any device manufactured and | 8 |
| designed to be
substantially similar in appearance to a | 9 |
| firearm, other than by
discharging a firearm in the | 10 |
| direction of another person, a peace
officer, a person | 11 |
| summoned or directed by a peace officer, a correctional
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| officer or a fireman or in the direction of a vehicle | 13 |
| occupied by another
person, a peace officer, a person | 14 |
| summoned or directed by a peace officer,
a correctional | 15 |
| officer or a fireman while the officer or fireman is
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| engaged in the execution of any of his official duties, or | 17 |
| to prevent the
officer or fireman from performing his | 18 |
| official duties, or in retaliation
for the officer or | 19 |
| fireman performing his official duties;
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| (2) Is hooded, robed or masked in such manner as to | 21 |
| conceal his
identity or any device manufactured and | 22 |
| designed to be substantially
similar in appearance to a | 23 |
| firearm;
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| (3) Knows the individual assaulted to be a teacher or | 25 |
| other person
employed in any school and such teacher or | 26 |
| other employee is upon the
grounds of a school or grounds | 27 |
| adjacent thereto, or is in any part of a
building used for | 28 |
| school purposes;
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| (4) Knows the individual assaulted to be a supervisor, | 30 |
| director,
instructor or other person employed in any park | 31 |
| district and such
supervisor, director, instructor or | 32 |
| other employee is upon the grounds of
the park or grounds | 33 |
| adjacent thereto, or is in any part of a building used
for | 34 |
| park purposes;
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| (5) Knows the individual assaulted to be a caseworker, |
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| investigator, or
other person employed by the State | 2 |
| Department of Public Aid, a
County
Department of Public | 3 |
| Aid, or the Department of Human Services (acting as
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| successor to the Illinois Department of Public Aid under | 5 |
| the Department of
Human Services Act) and such caseworker, | 6 |
| investigator, or other person
is upon the grounds of a | 7 |
| public aid office or grounds adjacent thereto, or
is in any | 8 |
| part of a building used for public aid purposes, or upon | 9 |
| the
grounds of a home of a public aid applicant, recipient | 10 |
| or any other person
being interviewed or investigated in | 11 |
| the employees' discharge of his
duties, or on grounds | 12 |
| adjacent thereto, or is in any part of a building in
which | 13 |
| the applicant, recipient, or other such person resides or | 14 |
| is located;
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| (6) Knows the individual assaulted to be a peace | 16 |
| officer, or a community
policing volunteer, or a fireman
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| while the officer or fireman is engaged in the execution of | 18 |
| any of his
official duties, or to prevent the officer, | 19 |
| community policing volunteer,
or fireman from performing
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| his official duties, or in retaliation for the officer, | 21 |
| community policing
volunteer, or fireman
performing his | 22 |
| official duties, and the assault is committed other than by
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| the discharge of a firearm in the direction of the officer | 24 |
| or fireman or
in the direction of a vehicle occupied by the | 25 |
| officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 27 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 29 |
| paramedic, ambulance
driver or other medical
assistance or | 30 |
| first aid personnel engaged in the
execution of any of his | 31 |
| official duties, or to prevent the
emergency medical | 32 |
| technician - ambulance, emergency medical
technician - | 33 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid | 35 |
| personnel from
performing his official duties, or in | 36 |
| retaliation for the
emergency medical technician - |
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| ambulance, emergency medical
technician - intermediate, | 2 |
| emergency medical technician - paramedic,
ambulance | 3 |
| driver, or other medical assistance or first aid personnel
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| performing his official duties;
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| (8) Knows the individual assaulted to be the driver, | 6 |
| operator, employee
or passenger of any transportation | 7 |
| facility or system engaged in the
business of | 8 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 10 |
| such public
transportation as a passenger or using any area | 11 |
| of any description
designated by the transportation | 12 |
| facility or system as a vehicle boarding,
departure, or | 13 |
| transfer location;
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| (9) Or the individual assaulted is on or about a public | 15 |
| way, public
property, or public place of accommodation or | 16 |
| amusement;
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| (10) Knows the individual assaulted to be an employee | 18 |
| of the State of
Illinois, a municipal corporation therein | 19 |
| or a political subdivision
thereof, engaged in the | 20 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 22 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 24 |
| commits an assault on a
person 60 years of age or older;
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| (13) Discharges a firearm;
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| (14) Knows the individual assaulted to be a | 27 |
| correctional officer, while
the officer is engaged in the | 28 |
| execution of any of his or her official duties,
or to | 29 |
| prevent the officer from performing his or her official | 30 |
| duties, or in
retaliation for the officer performing his or | 31 |
| her official duties;
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| (15) Knows the individual assaulted to be a | 33 |
| correctional employee or
an employee of the Department of | 34 |
| Human Services supervising or controlling
sexually | 35 |
| dangerous persons or sexually violent persons, while
the | 36 |
| employee is engaged in the execution of any of his or her |
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| official duties,
or to prevent the employee from performing | 2 |
| his or her official duties, or in
retaliation for the | 3 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 5 |
| firearm in the direction
of the employee or in the | 6 |
| direction of a vehicle occupied by the employee;
or
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| (16) Knows the individual assaulted to be an employee | 8 |
| of a police or
sheriff's department engaged in the | 9 |
| performance of his or her official duties
as such employee.
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| (a-5) A person commits an aggravated assault when he or she | 11 |
| knowingly and
without lawful justification shines or flashes a | 12 |
| laser gunsight or other laser
device that is attached or | 13 |
| affixed to a firearm, or used in concert with a
firearm, so | 14 |
| that the laser beam strikes near or in the immediate vicinity | 15 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 18 |
| and (8) through
(12) of subsection (a) of this Section is a | 19 |
| Class A misdemeanor. Aggravated assault as defined in paragraph | 20 |
| (1) of subsection (a) of this Section while armed with a | 21 |
| firearm and while wearing or in possession of body armor as | 22 |
| defined in Section 33F-1 of this Code is a Class 2 felony. | 23 |
| Aggravated assault as defined in paragraph (1) of subsection | 24 |
| (a) of this Section while using a device manufactured and | 25 |
| designed to be
substantially similar in appearance to a firearm | 26 |
| and while wearing or in possession of body armor as defined in | 27 |
| Section 33F-1 of this Code is a Class 4 felony. Aggravated
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| assault as defined in paragraphs (13), (14), and (15) of | 29 |
| subsection (a) of this
Section and as defined in subsection | 30 |
| (a-5) of this Section is a Class 4
felony. Aggravated assault | 31 |
| as defined in paragraphs
(6), (7), and (16) of
subsection (a) | 32 |
| of this Section is a Class A misdemeanor if a firearm is not
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| used in the commission of the assault. Aggravated assault as | 34 |
| defined in
paragraphs (6), (7), and (16) of subsection (a) of | 35 |
| this
Section is a Class 4 felony if a firearm is used in the | 36 |
| commission of the
assault.
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| (Source: P.A. 91-672, eff. 1-1-00; 92-841, eff. 8-22-02; | 2 |
| 92-865, eff.
1-3-03; revised 1-9-03.)
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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 | 5 |
| Felons or
Persons in the Custody of the
Department of | 6 |
| Corrections Facilities.
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| (a) It is unlawful
for a person to knowingly possess on or | 8 |
| about his person or on his land or
in his own abode or fixed | 9 |
| place of business any weapon prohibited under
Section 24-1 of | 10 |
| this Act or any firearm or any firearm ammunition if the
person | 11 |
| has been convicted of a felony under the laws of this State or | 12 |
| any
other jurisdiction. This Section shall not apply if the | 13 |
| person has been
granted relief by the Director of the | 14 |
| Department of State Police
under Section 10 of the Firearm | 15 |
| Owners Identification
Card Act.
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| (b) It is unlawful for any person confined in a penal | 17 |
| institution,
which is a facility of the Illinois Department of | 18 |
| Corrections, to possess
any weapon prohibited under Section | 19 |
| 24-1 of this Code or any firearm or
firearm ammunition, | 20 |
| regardless of the intent with which he possesses it.
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| (c) It shall be an affirmative defense to a violation of | 22 |
| subsection (b), that such possession was specifically | 23 |
| authorized by rule,
regulation, or directive of the Illinois | 24 |
| Department of Corrections or order
issued pursuant thereto.
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| (d) The defense of necessity is not available to a person | 26 |
| who is charged
with a violation of subsection (b) of this | 27 |
| Section.
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| (e) Sentence. Violation of this Section by a person not | 29 |
| confined
in a penal institution shall be a Class 3 felony
for | 30 |
| which the person, if sentenced
to a term of imprisonment, shall | 31 |
| be sentenced to no less than 2 years and no
more than 10 years. | 32 |
| Violation of this Section by a person not confined in a
penal | 33 |
| institution who has been convicted of a forcible felony, a | 34 |
| felony
violation of Article 24 of this Code or of the Firearm | 35 |
| Owners Identification
Card Act, stalking or aggravated |
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| stalking, or a Class 2 or greater felony
under the Illinois | 2 |
| 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 | 4 |
| imprisonment,
shall be sentenced to not less than 3 years and | 5 |
| not more than 14 years.
Violation of this Section by a person | 6 |
| who is on parole or mandatory supervised
release is a Class 2 | 7 |
| 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 | 9 |
| not more than 14
years. Violation of this Section by a person | 10 |
| not confined in a penal
institution is a Class X felony when | 11 |
| the firearm possessed is a machine gun.
Any person who violates | 12 |
| this Section while confined in a penal
institution, which is a | 13 |
| facility of the Illinois Department of
Corrections, is guilty | 14 |
| of a Class 1
felony, if he possesses any weapon prohibited | 15 |
| under Section 24-1 of this
Code regardless of the intent with | 16 |
| which he possesses it, a Class X
felony if he possesses any | 17 |
| firearm, firearm ammunition or explosive, and a
Class X felony | 18 |
| 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 | 20 |
| a machine
gun. A violation of this Section while wearing or in | 21 |
| possession of body armor as defined in Section 33F-1 is a Class | 22 |
| X felony.
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| (Source: P.A. 91-544, eff. 1-1-00.)
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| (720 ILCS 5/24-1.6)
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| Sec. 24-1.6. Aggravated unlawful use of a weapon.
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| (a) A person commits the offense of aggravated unlawful use | 27 |
| of a weapon when
he or she knowingly:
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| (1) Carries on or about his or her person or in any | 29 |
| vehicle or concealed
on or about his or her person except | 30 |
| when on his or her land or in his or her
abode or fixed | 31 |
| place of business any pistol, revolver, stun gun or taser | 32 |
| or
other firearm; or
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| (2) Carries or possesses on or about his or her person, | 34 |
| upon any public
street, alley, or other public lands within | 35 |
| the corporate limits of a city,
village or incorporated |
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| town, except when an invitee thereon or therein, for
the | 2 |
| purpose of the display of such weapon or the lawful | 3 |
| commerce in weapons, or
except when on his or her own land | 4 |
| or in his or her own abode or fixed place of
business, any | 5 |
| pistol, revolver, stun gun or taser or other firearm; and
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| (3) One of the following factors is present:
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| (A) the firearm possessed was uncased, loaded and | 8 |
| immediately accessible
at the time of the offense; or
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| (B) the firearm possessed was uncased, unloaded | 10 |
| and the ammunition for
the weapon was immediately | 11 |
| accessible at the time of the offense; or
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| (C) the person possessing the firearm has not been | 13 |
| issued a currently
valid Firearm Owner's | 14 |
| Identification Card; or
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| (D) the person possessing the weapon was | 16 |
| previously adjudicated
a delinquent minor under the | 17 |
| Juvenile Court Act of 1987 for an act that if
committed | 18 |
| by an adult would be a felony; or
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| (E) the person possessing the weapon was engaged in | 20 |
| a misdemeanor
violation of the Cannabis
Control Act or | 21 |
| in a misdemeanor violation of the Illinois Controlled | 22 |
| Substances
Act; or
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| (F) the person possessing the weapon is a member of | 24 |
| a
street gang or is engaged in street gang related | 25 |
| activity, as defined in
Section 10 of the Illinois | 26 |
| Streetgang Terrorism Omnibus Prevention Act; or
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| (G) the person possessing the weapon had a order of | 28 |
| protection issued
against him or her within the | 29 |
| previous 2 years; or
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| (H) the person possessing the weapon was engaged in | 31 |
| the commission or
attempted commission of
a | 32 |
| misdemeanor involving the use or threat of violence | 33 |
| against
the person or property of another; or
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| (I) the person possessing the weapon was under 21 | 35 |
| years of age and in
possession of a handgun as defined | 36 |
| in Section 24-3, unless the person under 21
is engaged |
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| in lawful activities under the Wildlife Code or | 2 |
| described in
subsection 24-2(b)(1), (b)(3), or | 3 |
| 24-2(f).
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| (b) "Stun gun or taser" as used in this Section has the | 5 |
| same definition
given to it in Section 24-1 of this Code.
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| (c) This Section does not apply to or affect the | 7 |
| transportation or
possession
of weapons that:
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| (i) are broken down in a non-functioning state; or
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| (ii) are not immediately accessible; or
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| (iii) are unloaded and enclosed in a case, firearm | 11 |
| carrying box,
shipping box, or other container by a | 12 |
| person who has been issued a currently
valid Firearm | 13 |
| Owner's
Identification Card.
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| (d) Sentence. Aggravated unlawful use of a weapon is a | 15 |
| Class 4 felony;
a second or subsequent offense is a Class 2 | 16 |
| felony. Aggravated unlawful use of
a weapon by a person who has | 17 |
| been previously
convicted of a felony in this State or another | 18 |
| jurisdiction is a Class 2
felony. Aggravated unlawful use of a | 19 |
| weapon while wearing or in possession of body armor as defined | 20 |
| in Section 33F-1 is a Class X felony.
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| (Source: P.A. 91-690, eff. 4-13-00.)
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| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 23 |
| Sec. 24-3. Unlawful Sale of Firearms.
| 24 |
| (A) A person commits the offense of unlawful sale of | 25 |
| firearms when he
or she knowingly does any of the following:
| 26 |
| (a) Sells or gives any firearm of a size which may be | 27 |
| concealed upon the
person to any person under 18 years of | 28 |
| age.
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| (b) Sells or gives any firearm to a person under 21 | 30 |
| years of age who has
been convicted of a misdemeanor other | 31 |
| than a traffic offense or adjudged
delinquent.
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| (c) Sells or gives any firearm to any narcotic addict.
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| (d) Sells or gives any firearm to any person who has | 34 |
| been convicted of a
felony under the laws of this or any | 35 |
| other jurisdiction.
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| (e) Sells or gives any firearm to any person who has | 2 |
| been a patient in a
mental hospital within the past 5 | 3 |
| years.
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| (f) Sells or gives any firearms to any person who is | 5 |
| mentally
retarded.
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| (g) Delivers any firearm of a size which may be | 7 |
| concealed upon the
person, incidental to a sale, without | 8 |
| withholding delivery of such firearm
for at least 72 hours | 9 |
| after application for its purchase has been made, or
| 10 |
| delivers any rifle, shotgun or other long gun, incidental | 11 |
| to a sale,
without withholding delivery of such rifle, | 12 |
| shotgun or other long gun for
at least 24 hours after | 13 |
| application for its purchase has been made. However,
this | 14 |
| paragraph (g) does not apply to: (1) the sale of a firearm
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| to a law enforcement officer or a person who desires to | 16 |
| purchase a firearm for
use in promoting the public interest | 17 |
| incident to his or her employment as a
bank guard, armed | 18 |
| truck guard, or other similar employment; (2) a mail
order | 19 |
| sale of a firearm to a nonresident of Illinois under which | 20 |
| the firearm
is mailed to a point outside the boundaries of | 21 |
| Illinois; (3) the sale
of a firearm to a nonresident of | 22 |
| Illinois while at a firearm showing or display
recognized | 23 |
| by the Illinois Department of State Police; or (4) the sale | 24 |
| of a
firearm to a dealer licensed as a federal firearms | 25 |
| dealer under Section 923
of the federal Gun Control Act of | 26 |
| 1968 (18 U.S.C. 923).
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| (h) While holding any license
as a dealer,
importer, | 28 |
| manufacturer or pawnbroker
under the federal Gun Control | 29 |
| Act of 1968,
manufactures, sells or delivers to any | 30 |
| unlicensed person a handgun having
a barrel, slide, frame | 31 |
| or receiver which is a die casting of zinc alloy or
any | 32 |
| other nonhomogeneous metal which will melt or deform at a | 33 |
| temperature
of less than 800 degrees Fahrenheit. For | 34 |
| purposes of this paragraph, (1)
"firearm" is defined as in | 35 |
| the Firearm Owners Identification Card Act; and (2)
| 36 |
| "handgun" is defined as a firearm designed to be held
and |
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| fired by the use of a single hand, and includes a | 2 |
| combination of parts from
which such a firearm can be | 3 |
| assembled.
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| (i) Sells or gives a firearm of any size to any person | 5 |
| under 18 years of
age who does not possess a valid Firearm | 6 |
| Owner's Identification Card.
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| (j) Sells or gives a firearm while engaged in the | 8 |
| business of selling
firearms at wholesale or retail without | 9 |
| being licensed as a federal firearms
dealer under Section | 10 |
| 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | 11 |
| In this paragraph (j):
| 12 |
| A person "engaged in the business" means a person who | 13 |
| devotes time,
attention, and
labor to
engaging in the | 14 |
| activity as a regular course of trade or business with the
| 15 |
| principal objective of livelihood and profit, but does not | 16 |
| include a person who
makes occasional repairs of firearms | 17 |
| or who occasionally fits special barrels,
stocks, or | 18 |
| trigger mechanisms to firearms.
| 19 |
| "With the principal objective of livelihood and | 20 |
| profit" means that the
intent
underlying the sale or | 21 |
| disposition of firearms is predominantly one of
obtaining | 22 |
| livelihood and pecuniary gain, as opposed to other intents, | 23 |
| such as
improving or liquidating a personal firearms | 24 |
| collection; however, proof of
profit shall not be required | 25 |
| as to a person who engages in the regular and
repetitive | 26 |
| purchase and disposition of firearms for criminal purposes | 27 |
| or
terrorism.
| 28 |
| (k) Sells or gives a firearm to a person who does not | 29 |
| display to the seller or transferor of the firearm a | 30 |
| currently valid Firearm Owner's Identification Card that | 31 |
| has previously been issued in the transferee's name by the | 32 |
| Department of State Police under the provisions of the | 33 |
| Firearm Owners Identification Card Act. This paragraph (k) | 34 |
| does not apply to the transfer of a firearm to a person who | 35 |
| is exempt from the requirement of possessing a Firearm | 36 |
| Owner's Identification Card under Section 2 of the Firearm |
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| Owners Identification Card Act.
| 2 |
| (B) Paragraph (h) of subsection (A) does not include | 3 |
| firearms sold within 6
months after enactment of Public
Act | 4 |
| 78-355 (approved August 21, 1973, effective October 1, 1973), | 5 |
| nor is any
firearm legally owned or
possessed by any citizen or | 6 |
| purchased by any citizen within 6 months after the
enactment of | 7 |
| Public Act 78-355 subject
to confiscation or seizure under the | 8 |
| provisions of that Public Act. Nothing in
Public Act 78-355 | 9 |
| shall be construed to prohibit the gift or trade of
any firearm | 10 |
| if that firearm was legally held or acquired within 6 months | 11 |
| after
the enactment of that Public Act.
| 12 |
| (C) Sentence.
| 13 |
| (1) Any person convicted of unlawful sale of firearms | 14 |
| in violation of
any of paragraphs (c) through (h) of | 15 |
| subsection (A) commits a Class
4
felony.
| 16 |
| (2) Any person convicted of unlawful sale of firearms | 17 |
| in violation of
paragraph (b) or (i) of subsection (A) | 18 |
| commits a Class 3 felony.
| 19 |
| (3) Any person convicted of unlawful sale of firearms | 20 |
| in violation of
paragraph (a) of subsection (A) commits a | 21 |
| Class 2 felony.
| 22 |
| (4) Any person convicted of unlawful sale of firearms | 23 |
| in violation of
paragraph (a), (b), or (i) of subsection | 24 |
| (A) in any school, on the real
property comprising a | 25 |
| school, within 1,000 feet of the real property comprising
a | 26 |
| school, at a school related activity, or on or within 1,000 | 27 |
| feet of any
conveyance owned, leased, or contracted by a | 28 |
| school or school district to
transport students to or from | 29 |
| school or a school related activity,
regardless of the time | 30 |
| of day or time of year at which the offense
was committed, | 31 |
| commits a Class 1 felony. Any person convicted of a second
| 32 |
| or subsequent violation of unlawful sale of firearms in | 33 |
| violation of paragraph
(a), (b), or (i) of subsection (A) | 34 |
| in any school, on the real property
comprising a school, | 35 |
| within 1,000 feet of the real property comprising a
school, | 36 |
| at a school related activity, or on or within 1,000 feet of |
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| any
conveyance owned, leased, or contracted by a school or | 2 |
| school district to
transport students to or from school or | 3 |
| a school related activity,
regardless of the time of day or | 4 |
| time of year at which the offense
was committed, commits a | 5 |
| Class 1 felony for which the sentence shall be a
term of | 6 |
| imprisonment of no less than 5 years and no more than 15 | 7 |
| years.
| 8 |
| (5) Any person convicted of unlawful sale of firearms | 9 |
| in violation of
paragraph (a) or (i) of subsection (A) in | 10 |
| residential property owned,
operated, or managed by a | 11 |
| public housing agency or leased by a public housing
agency | 12 |
| as part of a scattered site or mixed-income development, in | 13 |
| a public
park, in a
courthouse, on residential property | 14 |
| owned, operated, or managed by a public
housing agency or | 15 |
| leased by a public housing agency as part of a scattered | 16 |
| site
or mixed-income development, on the real property | 17 |
| comprising any public park,
on the real
property comprising | 18 |
| any courthouse, or on any public way within 1,000 feet
of | 19 |
| the real property comprising any public park, courthouse, | 20 |
| or residential
property owned, operated, or managed by a | 21 |
| public housing agency or leased by a
public housing agency | 22 |
| as part of a scattered site or mixed-income development
| 23 |
| commits a
Class 2 felony.
| 24 |
| (6) Any person convicted of unlawful sale of firearms | 25 |
| in violation of
paragraph (j) of subsection (A) commits a | 26 |
| Class A misdemeanor. A second or
subsequent violation is a | 27 |
| Class 4 felony. | 28 |
| (7) Any person convicted of unlawful sale of firearms | 29 |
| in violation of paragraph (k) of subsection (A) commits a | 30 |
| Class 4 felony. A third or subsequent conviction for a | 31 |
| violation of paragraph (k) of subsection (A) is a Class 1 | 32 |
| felony.
| 33 |
| (D) For purposes of this Section:
| 34 |
| "School" means a public or private elementary or secondary | 35 |
| school,
community college, college, or university.
| 36 |
| "School related activity" means any sporting, social, |
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| academic, or
other activity for which students' attendance or | 2 |
| participation is sponsored,
organized, or funded in whole or in | 3 |
| part by a school or school district.
| 4 |
| (Source: P.A. 93-162, eff. 7-10-03.)
| 5 |
| (720 ILCS 5/24-3A)
| 6 |
| Sec. 24-3A. Gunrunning.
| 7 |
| (a) A person commits gunrunning when he or she transfers 3 | 8 |
| or
more firearms in violation of any of the paragraphs of | 9 |
| Section 24-3 of this
Code.
| 10 |
| (b) Sentence. A person who commits gunrunning : | 11 |
| (1) is guilty of a Class 1
felony if the transfer is of | 12 |
| not less than 3 firearms and not more than 10 firearms; | 13 |
| (2) is guilty of a Class X felony for which the | 14 |
| sentence shall be a term of imprisonment of not less 8 | 15 |
| years and not more than 40 years if the transfer is of not | 16 |
| less than 11 firearms and not more than 20 firearms; | 17 |
| (3) is guilty of a Class X felony for which the | 18 |
| sentence shall be a term of imprisonment of not less than | 19 |
| 10 years and not more than 50 years if the transfer is of | 20 |
| more than 20 firearms . | 21 |
| A person who commits gunrunning by transferring firearms to a | 22 |
| person
who, at the time of the commission of the offense, is | 23 |
| under 18 years of age is
guilty of a Class X felony.
| 24 |
| (Source: P.A. 91-13, eff. 1-1-00; 91-696, eff. 4-13-00.)
| 25 |
| (720 ILCS 5/Art. 24-3B heading new)
| 26 |
| ARTICLE 24-3B. GUNRUNNING; FORFEITURE | 27 |
| (720 ILCS 5/24-3B.5 new)
| 28 |
| Sec. 24-3B.5. Legislative declaration. The General
| 29 |
| Assembly finds that the forfeiture of real property that is
| 30 |
| used or intended to be used in connection with the offense of | 31 |
| gunrunning will have a
significant beneficial effect in | 32 |
| deterring the rising
incidence of those activities within this | 33 |
| State, as well as
other crimes that frequently occur in |
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| partnership with gunrunning. | 2 |
| (720 ILCS 5/24-3B.10 new)
| 3 |
| Sec. 24-3B.10. Applicability. A person who commits the | 4 |
| offense of gunrunning under Section 24-3A of this Code shall | 5 |
| forfeit (i) any moneys, profits, or proceeds the
person | 6 |
| acquired in whole or in part, as a result of
committing the | 7 |
| violation and (ii) any real property or
interest in real | 8 |
| property that the sentencing court
determines the person | 9 |
| acquired in whole or in part, as a
result of committing the | 10 |
| violation or the person maintained
or used in whole or in part, | 11 |
| to facilitate, directly or
indirectly, the commission of the | 12 |
| violation. The person shall
forfeit any interest in, | 13 |
| securities, or claim against, or
contractual right of any kind | 14 |
| that affords the person a
source of influence over, any | 15 |
| enterprise that the person has
established, operated, | 16 |
| controlled, conducted, or participated
in conducting if the | 17 |
| person's relations to or connection with
the interest, | 18 |
| security, or claim, or contractual right,
directly or | 19 |
| indirectly, in whole or in part, is traceable to
any thing or | 20 |
| benefit that the person has obtained or acquired
as a result of | 21 |
| a violation of Section 24-3A of this Code. | 22 |
| (720 ILCS 5/24-3B.15 new)
| 23 |
| Sec. 24-3B.15. Real property forfeiture. | 24 |
| (a) Following the arrest of a person or persons for the | 25 |
| offense of gunrunning under Section 24-3A of this Code, the | 26 |
| State's Attorney of the county in which it occurred
or the | 27 |
| Attorney General may seek forfeiture of the real
property | 28 |
| associated with the offense, whether the real
property belongs | 29 |
| to the person committing the offense of gunrunning under | 30 |
| Section 24-3A of this Code or to any
other person participating | 31 |
| in gunrunning who is
related to the organization and operation | 32 |
| of the activity or
to any person who knowingly allowed the | 33 |
| activities to occur
on his or her premises. | 34 |
| (b) Real property includes any land, home, house,
|
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| apartment, building, garage, site, structure, or facility,
| 2 |
| whether enclosed or not, and any part or section of any land,
| 3 |
| home, house, apartment, building, garage, site, structure, or
| 4 |
| facility and any right title, or interest in the whole of any
| 5 |
| lot or tract of land and any appurtenances or improvements on
| 6 |
| the land. Real property includes, but is not limited to, any
| 7 |
| leasehold or possessory interest or beneficial interest in a
| 8 |
| land trust. | 9 |
| (720 ILCS 5/24-3B.20 new)
| 10 |
| Sec. 24-3B.20. Procedure. Proceedings instituted under
| 11 |
| this Article shall be subject to and conducted in accordance
| 12 |
| with the procedures set forth in this Section. | 13 |
|
(a) Notice to owner or interest holder. Whenever notice
of | 14 |
| pending forfeiture or service of a lis pendens is required
| 15 |
| under the provisions of this Article, the notice or service
| 16 |
| shall be given as follows: | 17 |
| (1) If the owner's or interest holder's name and
| 18 |
| current address are known, then by either personal
service | 19 |
| or mailing a copy of the notice by certified
mail, return | 20 |
| receipt requested, to that address. For
purposes of notice | 21 |
| under this Section if a person has
been arrested for the | 22 |
| conduct giving rise to the
forfeiture, then the address | 23 |
| provided to the arresting
agency at the time of arrest | 24 |
| shall be deemed to be that
person's known address. | 25 |
| Provided, however, if an owner or
interest holder's address | 26 |
| changes prior to the effective
date of the notice of | 27 |
| pending forfeitures, the owner or
interest holder shall | 28 |
| promptly notify the seizing agency
of the change in address | 29 |
| or, if the owner or interest
holder's address changes | 30 |
| subsequent to the effective date
of the notice of pending | 31 |
| forfeitures, the owner or
interest holder shall promptly | 32 |
| notify the State's
Attorney or Attorney General of the | 33 |
| change in address; or | 34 |
| (2) If the owner's or interest holder's address is
not | 35 |
| known, and is not on record as provided in paragraph
(1), |
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| then by publication for 3 successive weeks in a
newspaper | 2 |
| of general circulation in the county in which
the seizure | 3 |
| occurred; or | 4 |
| (3) Notice served under this Article is effective
upon | 5 |
| personal service, the last date of publication, or
the | 6 |
| mailing of written notice, whichever is earlier. | 7 |
| (b) Probable cause hearing. In an action brought by the
| 8 |
| People of the State of Illinois under this Section, in which
a | 9 |
| restraining order, injunction, prohibition, lis pendens, or
| 10 |
| other action in connection with any property or interest
| 11 |
| subject to forfeiture under this Article is sought, the
circuit | 12 |
| court presiding over the trial of the person charged
with | 13 |
| gunrunning under Section 24-3A of
this Code shall first | 14 |
| determine whether there is probable
cause to believe that the | 15 |
| person so charged has committed the offense of gunrunning under | 16 |
| Section 24-3A of this
Code and whether the property or | 17 |
| interest, is subject to
forfeiture under this Article. To make | 18 |
| that determination
before entering an order in connection with | 19 |
| that property or
interest, the court shall conduct a hearing | 20 |
| without a jury,
at which the People must establish that there | 21 |
| is: (i)
probable cause that the person charged committed the
| 22 |
| offense of gunrunning under Section 24-3A of this Code and (ii)
| 23 |
| probable cause that the property or interest may be subject
to | 24 |
| forfeiture under this Article. The hearing may be
conducted | 25 |
| simultaneously with a preliminary hearing, if the
prosecution | 26 |
| is commenced by information or complaint, or by
motion of the | 27 |
| People at any stage in the proceedings. The
court may accept, | 28 |
| at a preliminary hearing, (i) the filing of
an information | 29 |
| charging that the defendant committed the offense of gunrunning | 30 |
| under Section 24-3A of this Code or (ii)
the return of an | 31 |
| indictment by a grand jury charging that the
defendant | 32 |
| committed the offense of gunrunning under Section 24-3A of this | 33 |
| Code as sufficient evidence of probable
cause that the person | 34 |
| committed the offense. | 35 |
| (1) Upon making a finding of probable cause, the
| 36 |
| circuit court shall enter a restraining order,
injunction, |
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| lis pendens, or prohibition or shall take
other action in | 2 |
| connection with the property or other
interest subject to | 3 |
| forfeiture under this Article as is
necessary to insure | 4 |
| that the property is not removed from
the jurisdiction of | 5 |
| the court, concealed, destroyed, or
otherwise disposed of | 6 |
| by the owner of that property or
interest before a | 7 |
| forfeiture hearing under this Article.
The State's | 8 |
| Attorney shall file a certified copy of the
restraining | 9 |
| order, injunction, or other prohibition with
the recorder | 10 |
| or registrar of title of each county in
which the property | 11 |
| may be located. An injunction,
restraining order, or other | 12 |
| prohibition issued under this
Section does not affect the | 13 |
| rights of any bonafide
purchaser, mortgagee, judgment | 14 |
| creditor, or other lien
holder that arose before the date | 15 |
| the certified copy is
filed. | 16 |
| (2) The court may at any time, on verified petition
by | 17 |
| the defendant, conduct a hearing to determine whether
all | 18 |
| or any portion of the property or interest, which the
court | 19 |
| previously determined to be subject to forfeiture
or | 20 |
| subject to any restraining order, injunction, lis
pendens, | 21 |
| prohibition, or other action, should be
released. The court | 22 |
| may in its discretion release the
property to the defendant | 23 |
| for good cause shown. | 24 |
| (720 ILCS 5/24-3B.25 new)
| 25 |
| Sec. 24-3B.25. Forfeiture hearing. If real property is
| 26 |
| subject to seizure for violations under Section 24-3A of this | 27 |
| Code, upon conviction, the State's
Attorney or Attorney General | 28 |
| may commence an action by
petition in the sentencing court | 29 |
| anytime following sentencing
of the defendant. The sentencing | 30 |
| court shall conduct a
hearing to determine whether any property | 31 |
| or property
interest of the defendant, profits, or proceeds is | 32 |
| subject to
forfeiture under this Article. At the forfeiture | 33 |
| hearing the
People have the burden of establishing, by a | 34 |
| preponderance of
the evidence, that the property or property | 35 |
| interest is
subject to forfeiture. |
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| (1) All property declared forfeited under this
Article | 2 |
| vests in this State on the date of the commission
of the | 3 |
| conduct giving rise to forfeiture together with
the | 4 |
| proceeds of the property after that time. Any such
property | 5 |
| or proceeds subsequently transferred to any
person remain | 6 |
| subject to forfeiture and thereafter shall
be ordered | 7 |
| forfeited unless the transferee claims and
establishes in a | 8 |
| hearing under the provisions of this
Article that the | 9 |
| transferee's interest is exempt. | 10 |
| (2) If the State does not show by a preponderance
of | 11 |
| the evidence or a claimant has established by
preponderance | 12 |
| of evidence that the claimant has an
interest that is | 13 |
| exempt under this Article, the court
shall order the | 14 |
| interest in the property returned or
conveyed to the | 15 |
| claimant and shall order all other
property forfeited to | 16 |
| the State. If the State does show
by a preponderance of the | 17 |
| evidence that the property
interest is subject to | 18 |
| forfeiture, and the claimant does
not establish by a | 19 |
| preponderance of evidence that the
claimant has an interest | 20 |
| that is exempt under this
Article, the court shall order | 21 |
| all real property
forfeited to the State. | 22 |
| (3) A defendant convicted in any criminal
proceeding is | 23 |
| precluded from later denying the essential
allegations of | 24 |
| the criminal offense of which the
defendant was convicted | 25 |
| in any proceeding under this
Article regardless of the | 26 |
| pendency of an appeal from that
conviction. However, | 27 |
| evidence of the pendency of an
appeal is admissible. | 28 |
| (720 ILCS 5/24-3B.30 new)
| 29 |
| Sec. 24-3B.30. Exemption from forfeiture. | 30 |
| (a) A property interest is exempt from forfeiture under
| 31 |
| this Article if its owner or interest holder establishes by a
| 32 |
| preponderance of evidence that the owner or interest holder: | 33 |
| (1) in the case of real property is not legally
| 34 |
| accountable for the conduct giving rise to the
forfeiture, | 35 |
| or did not solicit, conspire, or attempt to
commit the |
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| conduct giving rise to the forfeiture; and | 2 |
| (2) had not acquired and did not stand to acquire
| 3 |
| proceeds from the conduct giving rise to its forfeiture
| 4 |
| other than as an interest holder in an arms length
| 5 |
| commercial transaction; and | 6 |
| (3) does not hold the property for the benefit of
or as | 7 |
| a nominee for any person whose conduct gave rise to
its | 8 |
| forfeiture, and, if the owner or interest holder
acquired | 9 |
| the interest through any such person, the owner
or interest | 10 |
| holder acquired it as a bona fide purchaser
for value | 11 |
| without knowingly taking part in the conduct
giving rise to | 12 |
| the forfeiture; and | 13 |
| (4) that the owner or interest holder acquired the
| 14 |
| interest: | 15 |
| (i) before the commencement of the conduct
giving | 16 |
| rise to its forfeiture and the person whose
conduct | 17 |
| gave rise to its forfeiture did not have the
authority | 18 |
| to convey the interest to a bona fide
purchaser for | 19 |
| value at the time of the conduct; or | 20 |
| (ii) after the commencement of the conduct
giving | 21 |
| rise to its forfeiture, and the owner or
interest | 22 |
| holder acquired the interest as a
mortgagee, secured | 23 |
| creditor, lienholder, or bona
fide purchaser for value | 24 |
| without knowledge of the
conduct which gave rise to the | 25 |
| forfeiture; and | 26 |
| (iii) in the case of real estate, before the
filing | 27 |
| in the office of the recorder of the county
in which | 28 |
| the real estate is located of a notice of a
lis pendens | 29 |
| notice. | 30 |
| (5)(A) With respect to a property interest in
existence | 31 |
| at the time the illegal conduct giving rise to
the | 32 |
| forfeiture took place, | 33 |
| (i) did not know of the conduct giving rise to
| 34 |
| forfeiture; or | 35 |
| (ii) upon learning of the conduct giving rise
to | 36 |
| the forfeiture, did all that reasonably could be
|
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| expected under the circumstances to terminate such
use | 2 |
| of the property. | 3 |
| (B)(i) For the purposes of this paragraph (5),
ways in | 4 |
| which a person may show that he or she did
all that | 5 |
| reasonably could be expected may include
demonstrating | 6 |
| that he or she, to the extent
permitted by law: | 7 |
| (I) gave timely notice to an appropriate
law | 8 |
| enforcement agency of information that led
the person | 9 |
| to know the conduct giving rise to a
forfeiture would | 10 |
| occur or has occurred; and | 11 |
| (II) in a timely fashion revoked or made a
good | 12 |
| faith attempt to revoke permission for
those engaging | 13 |
| in such conduct to use the
property or took reasonable | 14 |
| actions in
consultation with a law enforcement agency | 15 |
| to
discourage or prevent the illegal use of the
| 16 |
| property. | 17 |
| (ii) A person is not required by this
subparagraph to | 18 |
| take steps that the person
reasonably believes would be | 19 |
| likely to subject any
person (other than the person whose | 20 |
| conduct gave
rise to the forfeiture) to physical danger. | 21 |
| (b) If the court determines, in accordance with this
| 22 |
| Section, that an innocent owner has a partial interest in
| 23 |
| property otherwise subject to forfeiture, or a joint tenancy
or | 24 |
| tenancy by the entirety in that property, the court may
enter | 25 |
| an appropriate order: | 26 |
| (1) severing the property; | 27 |
| (2) transferring the property to the State with a
| 28 |
| provision that the State compensate the innocent owner to
| 29 |
| the extent of his or her ownership interest once a final
| 30 |
| order of forfeiture has been entered and the property has
| 31 |
| been reduced to liquid assets; or | 32 |
| (3) permitting the innocent owner to retain the
| 33 |
| property subject to a lien in favor of the State to the
| 34 |
| extent of the forfeitable interest in the property. | 35 |
| (c) In this Section, the term "owner": | 36 |
| (1) means a person with an ownership interest in
the |
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| specific property sought to be forfeited, including a
| 2 |
| leasehold, lien, mortgage, recorded security interest, or
| 3 |
| valid assignment of an ownership interest; and | 4 |
| (2) does not include: | 5 |
|
(i) a person with only a general unsecured
| 6 |
| interest in, or claim against, the property or
estate | 7 |
| of another; | 8 |
| (ii) a bailee unless the bailor is identified
and | 9 |
| the bailee shows a colorable legitimate interest
in the | 10 |
| property seized; or | 11 |
| (iii) a nominee who exercises no dominion or
| 12 |
| control over the property. | 13 |
| (720 ILCS 5/24-3B.35 new)
| 14 |
| Sec. 24-3B.35. Settlement of claims. Notwithstanding
other | 15 |
| provisions of this Article, the State's Attorney and a
claimant | 16 |
| of seized property may enter into an agreed upon
settlement | 17 |
| concerning the property subject to forfeiture in
such an amount | 18 |
| and upon such terms as are set out in writing
in a settlement | 19 |
| agreement. | 20 |
| (720 ILCS 5/24-3B.40 new)
| 21 |
| Sec. 24-3B.40. Judicial review.
If property has been
| 22 |
| declared forfeited under this Article, any person who has an
| 23 |
| interest in the property declared forfeited may, within 30
days | 24 |
| of the effective date of the notice of the declaration
of | 25 |
| forfeiture, file a claim and cost bond and apply to the
court | 26 |
| for reconsideration based upon his or her interest in
the | 27 |
| property. | 28 |
| (720 ILCS 5/24-3B.45 new)
| 29 |
| Sec. 24-3B.45. Disposal of property. Real property taken
or | 30 |
| detained under this Section is not subject to replevin,
but is | 31 |
| deemed to be in the custody of the Director of State
Police | 32 |
| subject only to the order and judgments of the circuit
court | 33 |
| having jurisdiction over the forfeiture proceedings and
the |
|
|
|
HB4949 |
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LRB093 20898 RLC 46857 b |
|
| 1 |
| decisions of the State's Attorney or Attorney General
under | 2 |
| this Article. | 3 |
| (1) When property is forfeited under this Article,
the | 4 |
| Director of State Police shall sell all such property
and | 5 |
| shall distribute the proceeds of the sale, together
with | 6 |
| any moneys forfeited or seized in accordance with
paragraph | 7 |
| (2). | 8 |
| (2) All monies and the sale proceeds of all other
| 9 |
| property forfeited and seized under this Article shall be
| 10 |
| distributed as follows: | 11 |
| (A) 65% shall be distributed to the local,
| 12 |
| municipal, county, or State law enforcement agency
or | 13 |
| agencies that conducted or participated in the
| 14 |
| investigation resulting in the forfeiture. The
| 15 |
| distributions shall bear a reasonable relationship
to | 16 |
| the degree of direct participation of the law
| 17 |
| enforcement agency in the effort resulting in the
| 18 |
| forfeiture, taking into account the total value of
the | 19 |
| property forfeited and the total law enforcement
| 20 |
| effort with respect to the violation of the law upon
| 21 |
| which the forfeiture is based. | 22 |
| (B) 12.5% shall be distributed to the Office
of the | 23 |
| State's Attorney of the county in which the
prosecution | 24 |
| resulting in the forfeiture was
instituted for use in | 25 |
| the enforcement of laws,
including gunrunning. | 26 |
| (C) 12.5% shall be distributed to the Illinois
| 27 |
| Department of State Police for use of expenses
incurred | 28 |
| in the investigation, prosecution, and
appeal of cases | 29 |
| arising under laws governing gunrunning. | 30 |
| (D) 10% shall be retained by the Department of
| 31 |
| State Police for expenses related to the
| 32 |
| administration and sale of seized and forfeited
| 33 |
| property.
| 34 |
| Section 99. Effective date. This Act takes effect upon | 35 |
| becoming law.
|
|