Sen. Don Harmon

Filed: 5/6/2013

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1
AMENDMENT TO HOUSE BILL 2897
2 AMENDMENT NO. ______. Amend House Bill 2897 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Criminal Code of 2012 is amended by
5changing Sections 33F-1, 33F-2, and 33F-3 as follows:
6 (720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
7 Sec. 33F-1. Definitions. For purposes of this Article:
8 (a) "Body Armor" means any one of the following:
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.
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.
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.
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.
12 (a-5) "Crime of violence" means a felony offense that is
13defined as a crime of violence in Section 2 of the Crime
14Victims Compensation Act.
15 (b) "Dangerous weapon" means a Category I, Category II, or
16Category III weapon as defined in Section 33A-1 of this Code.
17(Source: P.A. 91-696, eff. 4-13-00.)
18 (720 ILCS 5/33F-2) (from Ch. 38, par. 33F-2)
19 Sec. 33F-2. Unlawful use of body armor. A person commits
20the offense of unlawful use of body armor when he or she
21knowingly wears body armor and is in possession of a dangerous
22weapon, other than a firearm, in the commission or attempted
23commission of any offense.
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)
2 Sec. 33F-3. Sentence. A person convicted of unlawful use of
3body armor for a first offense shall be guilty of a Class A
4misdemeanor and for a second or subsequent offense shall be
5guilty of a Class 4 felony. A person convicted of unlawful use
6of body armor who has been previously convicted of a felony
7that is a crime of violence is guilty of a Class 4 felony.
8(Source: P.A. 87-521.)".