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Sen. Don Harmon
Filed: 5/6/2013
 
 
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| 1 |  | AMENDMENT TO HOUSE BILL 2897 
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| 2 |  |  AMENDMENT NO. ______. Amend House Bill 2897 by replacing  | 
| 3 |  | everything after the enacting clause with the following:
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| 4 |  |  "Section 5. The Criminal Code of 2012 is amended by  | 
| 5 |  | changing Sections 33F-1, 33F-2, and 33F-3 as follows:
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| 6 |  |  (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
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| 7 |  |  Sec. 33F-1. Definitions. For purposes of this Article:
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| 8 |  |  (a) "Body Armor" means any one of the following:
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| 9 |  |   (1) A military style flak or tactical assault vest  | 
| 10 |  |  which is made of
Kevlar or any other similar material or  | 
| 11 |  |  metal, fiberglass, plastic, and
nylon plates and designed  | 
| 12 |  |  to be worn over one's clothing for the intended
purpose of  | 
| 13 |  |  stopping not only missile fragmentation from mines,  | 
| 14 |  |  grenades,
mortar shells and artillery fire but also fire  | 
| 15 |  |  from rifles, machine guns,
and small arms.
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| 16 |  |   (2) Soft body armor which is made of Kevlar or any  | 
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| 1 |  |  other similar material
or metal or any other type of insert  | 
| 2 |  |  and which is lightweight and pliable
and which can be  | 
| 3 |  |  easily concealed under a shirt.
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| 4 |  |   (3) A military style recon/surveillance vest which is  | 
| 5 |  |  made of Kevlar
or any other similar material and which is  | 
| 6 |  |  lightweight and designed to be
worn over one's clothing.
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| 7 |  |   (4) Protective casual clothing which is made of Kevlar  | 
| 8 |  |  or any other
similar material and which was originally  | 
| 9 |  |  intended to be used by undercover
law enforcement officers  | 
| 10 |  |  or dignitaries and is designed to look like
jackets, coats,  | 
| 11 |  |  raincoats, quilted or three piece suit vests.
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| 12 |  |  (a-5) "Crime of violence" means a felony offense that is  | 
| 13 |  | defined as a crime of violence in Section 2 of the Crime  | 
| 14 |  | Victims Compensation Act.  | 
| 15 |  |  (b) "Dangerous weapon" means a Category I, Category II, or
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| 16 |  | Category III weapon as
defined in Section 33A-1 of this Code.
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| 17 |  | (Source: P.A. 91-696, eff. 4-13-00.)
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| 18 |  |  (720 ILCS 5/33F-2) (from Ch. 38, par. 33F-2)
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| 19 |  |  Sec. 33F-2. Unlawful use of body armor. A person commits  | 
| 20 |  | the
offense of unlawful use of body armor when he or she  | 
| 21 |  | knowingly wears body armor
and is in possession of a dangerous  | 
| 22 |  | weapon, other than a firearm, in the commission or attempted
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| 23 |  | commission of any offense.
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| 24 |  | (Source: P.A. 93-906, eff. 8-11-04.)
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| 1 |  |  (720 ILCS 5/33F-3) (from Ch. 38, par. 33F-3)
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| 2 |  |  Sec. 33F-3. Sentence. A person convicted of unlawful use of  | 
| 3 |  | body armor
for a first offense shall be guilty of a Class A  | 
| 4 |  | misdemeanor and for a
second or subsequent offense shall be  | 
| 5 |  | guilty of a Class 4 felony. A person convicted of unlawful use  | 
| 6 |  | of body armor who has been previously convicted of a felony  | 
| 7 |  | that is a crime of violence is guilty of a Class 4 felony. 
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| 8 |  | (Source: P.A. 87-521.)".
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