Full Text of HB3354 97th General Assembly
HB3354 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3354 Introduced 2/24/2011, by Rep. Michael J. Zalewski 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. Effective immediately.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB3354 | | LRB097 10756 RLC 51160 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 24-1.1 as follows:
| 6 | | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
| 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.
| 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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| 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.
| 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.
| 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
| 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
| 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
| 5 | | institution, which is a facility of the Illinois Department of
| 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
| 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.
| 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.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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