Bill Text: IL SB3101 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 2012 concerning armed violence. Defines a "Category III weapon" as a bludgeon, black-jack, slungshot, sand-bag, sand-club, metal knuckles, billy, or other dangerous weapon or instrument of like character used by the defendant in a similar manner. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3101 Detail]

Download: Illinois-2013-SB3101-Engrossed.html

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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 2012 is amended by changing
Section 33A-1 as follows:
(720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)
Sec. 33A-1. Legislative intent and definitions.
(a) Legislative findings. The legislature finds and
declares the following:
(1) The use of a dangerous weapon in the commission of
a felony offense poses a much greater threat to the public
health, safety, and general welfare, than when a weapon is
not used in the commission of the offense.
(2) Further, the use of a firearm greatly facilitates
the commission of a criminal offense because of the more
lethal nature of a firearm and the greater perceived threat
produced in those confronted by a person wielding a
firearm. Unlike other dangerous weapons such as knives and
clubs, the use of a firearm in the commission of a criminal
felony offense significantly escalates the threat and the
potential for bodily harm, and the greater range of the
firearm increases the potential for harm to more persons.
Not only are the victims and bystanders at greater risk

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when a firearm is used, but also the law enforcement
officers whose duty is to confront and apprehend the armed
suspect.
(3) Current law does contain offenses involving the use
or discharge of a gun toward or against a person, such as
aggravated battery with a firearm, aggravated discharge of
a firearm, and reckless discharge of a firearm; however,
the General Assembly has legislated greater penalties for
the commission of a felony while in possession of a firearm
because it deems such acts as more serious.
(b) Legislative intent.
(1) In order to deter the use of firearms in the
commission of a felony offense, the General Assembly deems
it appropriate for a greater penalty to be imposed when a
firearm is used or discharged in the commission of an
offense than the penalty imposed for using other types of
weapons and for the penalty to increase on more serious
offenses.
(2) With the additional elements of the discharge of a
firearm and great bodily harm inflicted by a firearm being
added to armed violence and other serious felony offenses,
it is the intent of the General Assembly to punish those
elements more severely during commission of a felony
offense than when those elements stand alone as the act of
the offender.
(3) It is the intent of the 91st General Assembly that

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should Public Act 88-680 be declared unconstitutional for a
violation of Article 4, Section 8 of the 1970 Constitution
of the State of Illinois, the amendatory changes made by
Public Act 88-680 to Article 33A of the Criminal Code of
1961 and which are set forth as law in this amendatory Act
of the 91st General Assembly are hereby reenacted by this
amendatory Act of the 91st General Assembly.
(c) Definitions.
(1) "Armed with a dangerous weapon". A person is
considered armed with a dangerous weapon for purposes of
this Article, when he or she carries on or about his or her
person or is otherwise armed with a Category I, Category
II, or Category III weapon.
(2) A Category I weapon is a handgun, sawed-off
shotgun, sawed-off rifle, any other firearm small enough to
be concealed upon the person, semiautomatic firearm, or
machine gun. A Category II weapon is any other rifle,
shotgun, spring gun, other firearm, stun gun or taser as
defined in paragraph (a) of Section 24-1 of this Code,
knife with a blade of at least 3 inches in length, dagger,
dirk, switchblade knife, stiletto, axe, hatchet, or other
deadly or dangerous weapon or instrument of like character.
As used in this subsection (b) "semiautomatic firearm"
means a repeating firearm that utilizes a portion of the
energy of a firing cartridge to extract the fired cartridge
case and chamber the next round and that requires a

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separate pull of the trigger to fire each cartridge.
(3) A Category III weapon is a bludgeon, black-jack,
slungshot, sand-bag, sand-club, metal knuckles, billy, or
other dangerous weapon or instrument of like character used
by the defendant in a similar manner.
(Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.