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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3770 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
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Amends the Criminal Code of 2012. Provides that one of the aggravating factors for a violation of the statute concerning aggravated unlawful use of a weapon is that the person possessing the weapon was previously adjudicated
a delinquent minor under the Juvenile Court Act of 1987 for an act that if
committed by an adult would be a forcible felony (rather than a felony).
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| | A BILL FOR |
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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 2012 is amended by changing |
| 5 | | Section 24-1.6 as follows:
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| 6 | | (720 ILCS 5/24-1.6) |
| 7 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. |
| 8 | | (a) A person commits the offense of aggravated unlawful use |
| 9 | | of a weapon when
he or she knowingly: |
| 10 | | (1) Carries on or about his or her person or in any |
| 11 | | vehicle or concealed
on or about his or her person except |
| 12 | | when on his or her land or in his or her
abode, legal |
| 13 | | dwelling, or fixed place of business, or on the land or in |
| 14 | | the legal dwelling of another person as an invitee with |
| 15 | | that person's permission, any pistol, revolver, stun gun or |
| 16 | | taser or
other firearm; or |
| 17 | | (2) Carries or possesses on or about his or her person, |
| 18 | | upon any public
street, alley, or other public lands within |
| 19 | | the corporate limits of a city,
village or incorporated |
| 20 | | town, except when an invitee thereon or therein, for
the |
| 21 | | purpose of the display of such weapon or the lawful |
| 22 | | commerce in weapons, or
except when on his or her own land |
| 23 | | or in his or her own abode, legal dwelling, or fixed place |
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| 1 | | of
business, or on the land or in the legal dwelling of |
| 2 | | another person as an invitee with that person's permission, |
| 3 | | any pistol, revolver, stun gun or taser or other firearm; |
| 4 | | and |
| 5 | | (3) One of the following factors is present: |
| 6 | | (A) the firearm, other than a pistol, revolver, or |
| 7 | | handgun, possessed was uncased, loaded, and |
| 8 | | immediately accessible
at the time of the offense; or |
| 9 | | (A-5) the pistol, revolver, or handgun possessed |
| 10 | | was uncased, loaded, and immediately accessible
at the |
| 11 | | time of the offense and the person possessing the |
| 12 | | pistol, revolver, or handgun has not been issued a |
| 13 | | currently valid license under the Firearm Concealed |
| 14 | | Carry Act; or |
| 15 | | (B) the firearm, other than a pistol, revolver, or |
| 16 | | handgun, possessed was uncased, unloaded, and the |
| 17 | | ammunition for
the weapon was immediately accessible |
| 18 | | at the time of the offense; or |
| 19 | | (B-5) the pistol, revolver, or handgun possessed |
| 20 | | was uncased, unloaded, and the ammunition for
the |
| 21 | | weapon was immediately accessible at the time of the |
| 22 | | offense and the person possessing the pistol, |
| 23 | | revolver, or handgun has not been issued a currently |
| 24 | | valid license under the Firearm Concealed Carry Act; or |
| 25 | | (C) the person possessing the firearm has not been |
| 26 | | issued a currently
valid Firearm Owner's |
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| 1 | | Identification Card; or |
| 2 | | (D) the person possessing the weapon was |
| 3 | | previously adjudicated
a delinquent minor under the |
| 4 | | Juvenile Court Act of 1987 for an act that if
committed |
| 5 | | by an adult would be a forcible felony; or |
| 6 | | (E) the person possessing the weapon was engaged in |
| 7 | | a misdemeanor
violation of the Cannabis
Control Act, in |
| 8 | | a misdemeanor violation of the Illinois Controlled |
| 9 | | Substances
Act, or in a misdemeanor violation of the |
| 10 | | Methamphetamine Control and Community Protection Act; |
| 11 | | or |
| 12 | | (F) (blank); or |
| 13 | | (G) the person possessing the weapon had a order of |
| 14 | | protection issued
against him or her within the |
| 15 | | previous 2 years; or |
| 16 | | (H) the person possessing the weapon was engaged in |
| 17 | | the commission or
attempted commission of
a |
| 18 | | misdemeanor involving the use or threat of violence |
| 19 | | against
the person or property of another; or |
| 20 | | (I) the person possessing the weapon was under 21 |
| 21 | | years of age and in
possession of a handgun, unless the |
| 22 | | person under 21
is engaged in lawful activities under |
| 23 | | the Wildlife Code or described in
subsection |
| 24 | | 24-2(b)(1), (b)(3), or 24-2(f). |
| 25 | | (a-5) "Handgun" as used in this Section has the meaning |
| 26 | | given to it in Section 5 of the Firearm Concealed Carry Act. |
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| 1 | | (b) "Stun gun or taser" as used in this Section has the |
| 2 | | same definition
given to it in Section 24-1 of this Code. |
| 3 | | (c) This Section does not apply to or affect the |
| 4 | | transportation or
possession
of weapons that: |
| 5 | | (i) are broken down in a non-functioning state; or |
| 6 | | (ii) are not immediately accessible; or |
| 7 | | (iii) are unloaded and enclosed in a case, firearm |
| 8 | | carrying box,
shipping box, or other container by a person |
| 9 | | who has been issued a currently
valid Firearm Owner's
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| 10 | | Identification Card. |
| 11 | | (d) Sentence. |
| 12 | | (1) Aggravated unlawful use of a weapon is a Class 4 |
| 13 | | felony;
a second or subsequent offense is a Class 2 felony |
| 14 | | for which the person shall be sentenced to a term of |
| 15 | | imprisonment of not less than 3 years and not more than 7 |
| 16 | | years. |
| 17 | | (2) Except as otherwise provided in paragraphs (3) and |
| 18 | | (4) of this subsection (d), a first offense of aggravated |
| 19 | | unlawful use of a weapon committed with a firearm by a |
| 20 | | person 18 years of age or older where the factors listed in |
| 21 | | both items (A) and (C) or both items (A-5) and (C) of |
| 22 | | paragraph (3) of subsection (a) are present is a Class 4 |
| 23 | | felony, for which the person shall be sentenced to a term |
| 24 | | of imprisonment of not less than one year and not more than |
| 25 | | 3 years. |
| 26 | | (3) Aggravated unlawful use of
a weapon by a person who |
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| 1 | | has been previously
convicted of a felony in this State or |
| 2 | | another jurisdiction is a Class 2
felony for which the |
| 3 | | person shall be sentenced to a term of imprisonment of not |
| 4 | | less than 3 years and not more than 7 years. |
| 5 | | (4) Aggravated unlawful use of a weapon while wearing |
| 6 | | or in possession of body armor as defined in Section 33F-1 |
| 7 | | by a person who has not been issued a valid Firearms |
| 8 | | Owner's Identification Card in accordance with Section 5 of |
| 9 | | the Firearm Owners Identification Card Act is a Class X |
| 10 | | felony.
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| 11 | | (e) The possession of each firearm in violation of this |
| 12 | | Section constitutes a single and separate violation. |
| 13 | | (Source: P.A. 98-63, eff. 7-9-13.)
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