98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2742

Introduced 2/21/2013, by Rep. Jim Sacia

SYNOPSIS AS INTRODUCED:
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1

Amends the Criminal Code of 2012. Provides that it is unlawful for any person confined in a penal institution, which is a facility of the Illinois Department of Juvenile Justice, to possess any weapon prohibited under the statute concerning unlawful use of weapons or any firearm or firearm ammunition, regardless of the intent with which he or she possesses it.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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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 24-1.1 as follows:
6 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
7 Sec. 24-1.1. Unlawful Use or Possession of Weapons by
8Felons or Persons in the Custody of the Department of
9Corrections or the Department of Juvenile Justice Facilities.
10 (a) It is unlawful for a person to knowingly possess on or
11about his person or on his land or in his own abode or fixed
12place of business any weapon prohibited under Section 24-1 of
13this Act or any firearm or any firearm ammunition if the person
14has been convicted of a felony under the laws of this State or
15any other jurisdiction. This Section shall not apply if the
16person has been granted relief by the Director of the
17Department of State Police under Section 10 of the Firearm
18Owners Identification Card Act.
19 (b) It is unlawful for any person confined in a penal
20institution, which is a facility of the Illinois Department of
21Corrections or the Illinois Department of Juvenile Justice, to
22possess any weapon prohibited under Section 24-1 of this Code
23or any firearm or firearm ammunition, regardless of the intent

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1with which he or she possesses it.
2 (c) It shall be an affirmative defense to a violation of
3subsection (b), that such possession was specifically
4authorized by rule, regulation, or directive of the Illinois
5Department of Corrections or order issued pursuant thereto.
6 (d) The defense of necessity is not available to a person
7who is charged with a violation of subsection (b) of this
8Section.
9 (e) Sentence. Violation of this Section by a person not
10confined in a penal institution shall be a Class 3 felony for
11which the person shall be sentenced to no less than 2 years and
12no more than 10 years and any second or subsequent violation
13shall be a Class 2 felony for which the person shall be
14sentenced to a term of imprisonment of not less than 3 years
15and not more than 14 years. Violation of this Section by a
16person not confined in a penal institution who has been
17convicted of a forcible felony, a felony violation of Article
1824 of this Code or of the Firearm Owners Identification Card
19Act, stalking or aggravated stalking, or a Class 2 or greater
20felony under the Illinois Controlled Substances Act, the
21Cannabis Control Act, or the Methamphetamine Control and
22Community Protection Act is a Class 2 felony for which the
23person shall be sentenced to not less than 3 years and not more
24than 14 years. Violation of this Section by a person who is on
25parole or mandatory supervised release is a Class 2 felony for
26which the person shall be sentenced to not less than 3 years

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1and not more than 14 years. Violation of this Section by a
2person not confined in a penal institution is a Class X felony
3when the firearm possessed is a machine gun. Any person who
4violates this Section while confined in a penal institution,
5which is a facility of the Illinois Department of Corrections
6or the Illinois Department of Juvenile Justice, is guilty of a
7Class 1 felony, if he or she possesses any weapon prohibited
8under Section 24-1 of this Code regardless of the intent with
9which he or she possesses it, a Class X felony if he or she
10possesses any firearm, firearm ammunition or explosive, and a
11Class X felony for which the offender shall be sentenced to not
12less than 12 years and not more than 50 years when the firearm
13possessed is a machine gun. A violation of this Section while
14wearing or in possession of body armor as defined in Section
1533F-1 is a Class X felony punishable by a term of imprisonment
16of not less than 10 years and not more than 40 years. The
17possession of each firearm or firearm ammunition in violation
18of this Section constitutes a single and separate violation.
19(Source: P.A. 97-237, eff. 1-1-12.)