98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5319
 
Introduced , by Rep. Dennis M. Reboletti
 
SYNOPSIS AS INTRODUCED:






720 ILCS 5/33A-1 from Ch. 38, par. 33A-1

 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.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB5319LRB098 18187 RLC 53316 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 33A-1 as follows:




6 (720 ILCS 5/33A-1) (from Ch. 38, par. 33A-1)



7 Sec. 33A-1. Legislative intent and definitions. 

8 (a) Legislative findings. The legislature finds and 
9declares the
following:


10  (1) The use of a dangerous weapon in the commission of 
11 a felony offense
poses a much greater threat to the public 
12 health, safety, and general welfare,
than when a weapon is 
13 not used in the commission of the offense.


14  (2) Further, the use of a firearm greatly facilitates 
15 the commission of a
criminal offense because of the more 
16 lethal nature of a firearm and the
greater perceived threat 
17 produced in those confronted by a person wielding a

18 firearm. Unlike other dangerous weapons such as knives and 
19 clubs, the use of a
firearm in the commission of a criminal 
20 felony offense significantly escalates
the threat and the 
21 potential for bodily harm, and the greater range of the

22 firearm increases the potential for harm to more persons. 
23 Not only are
the victims and bystanders at greater risk 
 
 
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1 when a firearm is used, but also the
law enforcement 
2 officers whose duty is to confront and apprehend the armed

3 suspect.


4  (3) Current law does contain offenses involving the use 
5 or discharge of a
gun toward or against a person, such as 
6 aggravated battery with a firearm,
aggravated discharge of 
7 a firearm, and reckless discharge of a firearm;
however, 
8 the General Assembly has legislated greater penalties for 
9 the
commission of a felony while in possession of a firearm 
10 because it deems such
acts as more serious.

11 (b) Legislative intent.


12  (1) In order to deter the use of firearms in the 
13 commission of a felony
offense, the General Assembly deems 
14 it appropriate for a greater penalty to be
imposed when a 
15 firearm is used or discharged in the commission of an 
16 offense
than the penalty imposed for using other types of 
17 weapons and for the penalty
to increase on more serious 
18 offenses.


19  (2) With the additional elements of the discharge of a 
20 firearm and great
bodily harm inflicted by a firearm being 
21 added to armed violence and other
serious felony offenses, 
22 it is the intent of the General Assembly to punish
those

23 elements more severely during commission of a felony 
24 offense than when those
elements stand alone as the act of 
25 the offender.


26  (3) It is the intent of the 91st General Assembly that 
 
 
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1 should Public Act
88-680 be declared unconstitutional for a 
2 violation of Article 4, Section 8 of
the 1970 Constitution 
3 of the State of Illinois, the amendatory changes made by

4 Public Act 88-680 to Article 33A of the Criminal Code of 
5 1961 and which are set
forth as law in this amendatory Act 
6 of the 91st General Assembly are hereby
reenacted by this

7 amendatory Act of the 91st General Assembly.

8 (c) Definitions.


9  (1) "Armed with a dangerous weapon".
A person is 
10 considered armed with a dangerous weapon for
purposes of 
11 this Article, when he or she carries on or about his or her

12 person or is otherwise armed with a Category I, Category

13 II, or Category III weapon.


14  (2) A Category I weapon is a handgun, sawed-off 
15 shotgun,
sawed-off rifle,
any other firearm small enough to 
16 be concealed upon the person,
semiautomatic firearm,
or 
17 machine gun. A Category II weapon is any other
rifle, 
18 shotgun, spring gun, other firearm, stun gun or taser as 
19 defined in
paragraph (a) of
Section 24-1 of this Code, 
20 knife with a blade of at least 3
inches in length, dagger, 
21 dirk, switchblade knife, stiletto, axe, hatchet,
or other 
22 deadly or dangerous weapon or instrument of like
character. 
23 As used
in this subsection (b) "semiautomatic firearm"

24 means a repeating firearm that utilizes a portion of the

25 energy of a firing cartridge to extract the fired cartridge 
26 case and chamber
the next round and that requires a 
 
 
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1 separate pull of the trigger to fire each
cartridge.


2  (3) A Category III weapon is a bludgeon, black-jack,

3 slungshot, sand-bag, sand-club, metal knuckles, billy, or

4 other dangerous weapon or instrument of like character used 
5 by the defendant in a similar manner.

6(Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)



7 Section 99. Effective date. This Act takes effect upon 
8becoming law.