Bill Text: IL HB3354 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3354 Detail]

Download: Illinois-2011-HB3354-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3354 Introduced 2/24/2011, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
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.
LRB097 10756 RLC 51160 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
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
Section 24-1.1 as follows:
(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.

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(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
and any second or subsequent violation shall be a Class 2
felony for which the person shall be sentenced to a term of
imprisonment of not less than 3 years and not more than 14
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, the Cannabis Control Act, or the
Methamphetamine Control and Community Protection Act is a Class
2 felony for which the person 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

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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, 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. A violation of this Section while
wearing or in possession of body armor as defined in Section
33F-1 is a Class X felony punishable by a term of imprisonment
of not less than 10 years and not more than 40 years. The
possession of each firearm or firearm ammunition in violation
of this Section constitutes a single and separate violation.
(Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 94-556,
eff. 9-11-05; 95-331, eff. 8-21-07.)
Section 99. Effective date. This Act takes effect upon
becoming law.