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Public Act 91-0544
HB0227 Enrolled LRB9101242RCks
AN ACT to amend the Criminal Code of 1961 by changing
Sections 16-1 and 24-1.1 and adding Sections 2-7.1, 16-16,
and 16-16.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Sections 16-1 and 24-1.1 and adding Sections 2-7.1,
16-16, and 16-16.1 as follows:
(720 ILCS 5/2-7.1 new)
Sec. 2-7.1. "Firearm" and "firearm ammunition".
"Firearm" and "firearm ammunition" have the meanings ascribed
to them in Section 1.1 of the Firearm Owners Identification
Card Act.
(720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
Sec. 16-1. Theft.
(a) A person commits theft when he knowingly:
(1) Obtains or exerts unauthorized control over
property of the owner; or
(2) Obtains by deception control over property of
the owner; or
(3) Obtains by threat control over property of the
owner; or
(4) Obtains control over stolen property knowing
the property to have been stolen or under such
circumstances as would reasonably induce him to believe
that the property was stolen; or
(5) Obtains or exerts control over property in the
custody of any law enforcement agency which is explicitly
represented to him by any law enforcement officer or any
individual acting in behalf of a law enforcement agency
as being stolen, and
(A) Intends to deprive the owner permanently
of the use or benefit of the property; or
(B) Knowingly uses, conceals or abandons the
property in such manner as to deprive the owner
permanently of such use or benefit; or
(C) Uses, conceals, or abandons the property
knowing such use, concealment or abandonment
probably will deprive the owner permanently of such
use or benefit.
The term "firearm" for the purposes of this Section has
the meaning ascribed to it in Section 1.1 of the Firearm
Owners Identification Card Act.
(b) Sentence.
(1) Theft of property, other than a firearm, not
from the person and not exceeding $300 in value is a
Class A misdemeanor.
(2) A person who has been convicted of theft of
property not from the person and not exceeding $300 in
value, other than a firearm and not from the person, who
has been previously convicted of any type of theft,
robbery, armed robbery, burglary, residential burglary,
possession of burglary tools or home invasion is guilty
of a Class 4 felony. When a person has any such prior
conviction, the information or indictment charging that
person shall state such prior conviction so as to give
notice of the State's intention to treat the charge as a
felony. The fact of such prior conviction is not an
element of the offense and may not be disclosed to the
jury during trial unless otherwise permitted by issues
properly raised during such trial.
(3) (Blank). Theft of a firearm not from the person
regardless of value is a Class 4 felony. A second or
subsequent such offense is a Class 3 felony.
(4) Theft of property from the person not exceeding
$300 in value, or theft of property exceeding $300 and
not exceeding $10,000 in value, is a Class 3 felony.
(5) Theft of property exceeding $10,000 and not
exceeding $100,000 in value is a Class 2 felony.
(6) Theft of property exceeding $100,000 in value
is a Class 1 felony.
(7) Theft by deception, as described by paragraph
(2) of subsection (a) of this Section, in which the
offender obtained money or property valued at $5,000 or
more from a victim 60 years of age or older is a Class 2
felony.
(c) When a charge of theft of property exceeding a
specified value is brought, the value of the property
involved is an element of the offense to be resolved by the
trier of fact as either exceeding or not exceeding the
specified value.
(Source: P.A. 89-377, eff. 8-18-95.)
(720 ILCS 5/16-16 new)
Sec. 16-16. Possession of a stolen firearm.
(a) A person commits possession of a stolen firearm when
he or she, not being entitled to the possession of a firearm,
possesses or delivers the firearm, knowing it to have been
stolen or converted. It may be inferred that a person who
possesses a firearm with knowledge that its serial number has
been removed or altered has knowledge that the firearm is
stolen or converted.
(b) Possession of a stolen firearm is a Class 2 felony.
(720 ILCS 5/16-16.1 new)
Sec. 16-16.1. Aggravated possession of a stolen firearm.
(a) A person commits aggravated possession of a stolen
firearm when he or she:
(1) Not being entitled to the possession of not
less than 2 and not more than 5 firearms, possesses or
delivers those firearms at the same time or within a one
year period, knowing the firearms to have been stolen or
converted.
(2) Not being entitled to the possession of not
less than 6 and not more than 10 firearms, possesses or
delivers those firearms at the same time or within a 2
year period, knowing the firearms to have been stolen or
converted.
(3) Not being entitled to the possession of not
less than 11 and not more than 20 firearms, possesses or
delivers those firearms at the same time or within a 3
year period, knowing the firearms to have been stolen or
converted.
(4) Not being entitled to the possession of not
less than 21 and not more than 30 firearms, possesses or
delivers those firearms at the same time or within a 4
year period, knowing the firearms to have been stolen or
converted.
(5) Not being entitled to the possession of more
than 31 firearms, possesses or delivers those firearms at
the same time or within a 5 year period, knowing the
firearms to have been stolen or converted.
(b) It may be inferred that a person who possesses a
firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is stolen
or converted.
(c) Sentence.
(1) A person who violates paragraph (1) of
subsection (a) of this Section commits a Class 1 felony.
(2) A person who violates paragraph (2) of
subsection (a) of this Section commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than
30 years.
(3) A person who violates paragraph (3) of
subsection (a) of this Section commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than
40 years.
(4) A person who violates paragraph (4) of
subsection (a) of this Section commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than
50 years.
(5) A person who violates paragraph (5) of
subsection (a) of this Section commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than
60 years.
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful Use or Possession of Weapons by
Felons or Persons in the Custody of the Department of
Corrections Facilities.
(a) It is unlawful for a person to knowingly possess on
or about his person or on his land or in his own abode or
fixed place of business any weapon prohibited under Section
24-1 of this Act or any firearm or any firearm ammunition if
the person has been convicted of a felony under the laws of
this State or any other jurisdiction. This Section shall not
apply if the person has been granted relief by the Director
of the Department of State Police under Section 10 of the
Firearm Owners Identification Card Act.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department
of Corrections, to possess any weapon prohibited under
Section 24-1 of this Code or any firearm or firearm
ammunition, regardless of the intent with which he possesses
it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a
person who is charged with a violation of subsection (b) of
this Section.
(e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 3 felony for
which the person, if sentenced to a term of imprisonment,
shall be sentenced to no less than 2 years and no more than
10 years. Violation of this Section by a person not confined
in a penal institution who has been convicted of a forcible
felony, a felony violation of Article 24 of this Code or of
the Firearm Owners Identification Card Act, stalking or
aggravated stalking, or a Class 2 or greater felony under the
Illinois Controlled Substances Act or the Cannabis Control
Act is a Class 2 felony for which the person, if sentenced to
a term of imprisonment, shall be sentenced to not less than 3
years and not more than 14 years. Violation of this Section
by a person who is on parole or mandatory supervised release
is a Class 2 felony for which the person, if sentenced to a
term of imprisonment, shall be sentenced to not less than 3
years and not more than 14 years. Violation of this Section
by a person not confined in a penal institution is a Class X
felony when the firearm possessed is a machine gun. Any
person who violates this Section while confined in a penal
institution, which is a facility of the Illinois Department
of Corrections, is guilty of a Class 1 felony, if he
possesses any weapon prohibited under Section 24-1 of this
Code regardless of the intent with which he possesses it, and
a Class X felony if he possesses any firearm, firearm
ammunition or explosive, and a Class X felony for which the
offender shall be sentenced to not less than 12 years and not
more than 50 years when the firearm possessed is a machine
gun.
(Source: P.A. 88-300.)
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