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| Public Act 096-0190 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 24-3 and by adding Section 24-3.7 as follows:
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(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
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Sec. 24-3. Unlawful Sale of Firearms.
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(A) A person commits the offense of unlawful sale of | ||||
firearms when he
or she knowingly does any of the following:
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(a) Sells or gives any firearm of a size which may be | ||||
concealed upon the
person to any person under 18 years of | ||||
age.
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(b) Sells or gives any firearm to a person under 21 | ||||
years of age who has
been convicted of a misdemeanor other | ||||
than a traffic offense or adjudged
delinquent.
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(c) Sells or gives any firearm to any narcotic addict.
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(d) Sells or gives any firearm to any person who has | ||||
been convicted of a
felony under the laws of this or any | ||||
other jurisdiction.
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(e) Sells or gives any firearm to any person who has | ||||
been a patient in a
mental hospital within the past 5 | ||||
years.
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(f) Sells or gives any firearms to any person who is | ||||
mentally
retarded.
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(g) Delivers any firearm of a size which may be | ||
concealed upon the
person, incidental to a sale, without | ||
withholding delivery of such firearm
for at least 72 hours | ||
after application for its purchase has been made, or
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delivers any rifle, shotgun or other long gun, or a stun | ||
gun or taser, incidental to a sale,
without withholding | ||
delivery of such rifle, shotgun or other long gun, or a | ||
stun gun or taser for
at least 24 hours after application | ||
for its purchase has been made.
However,
this paragraph (g) | ||
does not apply to: (1) the sale of a firearm
to a law | ||
enforcement officer if the seller of the firearm knows that | ||
the person to whom he or she is selling the firearm is a | ||
law enforcement officer or the sale of a firearm to a | ||
person who desires to purchase a firearm for
use in | ||
promoting the public interest incident to his or her | ||
employment as a
bank guard, armed truck guard, or other | ||
similar employment; (2) a mail
order sale of a firearm to a | ||
nonresident of Illinois under which the firearm
is mailed | ||
to a point outside the boundaries of Illinois; (3) the sale
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of a firearm to a nonresident of Illinois while at a | ||
firearm showing or display
recognized by the Illinois | ||
Department of State Police; or (4) the sale of a
firearm to | ||
a dealer licensed as a federal firearms dealer under | ||
Section 923
of the federal Gun Control Act of 1968 (18 | ||
U.S.C. 923). For purposes of this paragraph (g), | ||
"application" means when the buyer and seller reach an | ||
agreement to purchase a firearm.
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(h) While holding any license
as a dealer,
importer, | ||
manufacturer or pawnbroker
under the federal Gun Control | ||
Act of 1968,
manufactures, sells or delivers to any | ||
unlicensed person a handgun having
a barrel, slide, frame | ||
or receiver which is a die casting of zinc alloy or
any | ||
other nonhomogeneous metal which will melt or deform at a | ||
temperature
of less than 800 degrees Fahrenheit. For | ||
purposes of this paragraph, (1)
"firearm" is defined as in | ||
the Firearm Owners Identification Card Act; and (2)
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"handgun" is defined as a firearm designed to be held
and | ||
fired by the use of a single hand, and includes a | ||
combination of parts from
which such a firearm can be | ||
assembled.
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(i) Sells or gives a firearm of any size to any person | ||
under 18 years of
age who does not possess a valid Firearm | ||
Owner's Identification Card.
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(j) Sells or gives a firearm while engaged in the | ||
business of selling
firearms at wholesale or retail without | ||
being licensed as a federal firearms
dealer under Section | ||
923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||
In this paragraph (j):
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A person "engaged in the business" means a person who | ||
devotes time,
attention, and
labor to
engaging in the | ||
activity as a regular course of trade or business with the
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principal objective of livelihood and profit, but does not | ||
include a person who
makes occasional repairs of firearms | ||
or who occasionally fits special barrels,
stocks, or | ||
trigger mechanisms to firearms.
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"With the principal objective of livelihood and | ||
profit" means that the
intent
underlying the sale or | ||
disposition of firearms is predominantly one of
obtaining | ||
livelihood and pecuniary gain, as opposed to other intents, | ||
such as
improving or liquidating a personal firearms | ||
collection; however, proof of
profit shall not be required | ||
as to a person who engages in the regular and
repetitive | ||
purchase and disposition of firearms for criminal purposes | ||
or
terrorism.
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(k) Sells or transfers ownership of a firearm to a | ||
person who does not display to the seller or transferor of | ||
the firearm a currently valid Firearm Owner's | ||
Identification Card that has previously been issued in the | ||
transferee's name by the Department of State Police under | ||
the provisions of the Firearm Owners Identification Card | ||
Act. This paragraph (k) does not apply to the transfer of a | ||
firearm to a person who is exempt from the requirement of | ||
possessing a Firearm Owner's Identification Card under | ||
Section 2 of the Firearm Owners Identification Card Act. | ||
For the purposes of this Section, a currently valid Firearm | ||
Owner's Identification Card means (i) a Firearm Owner's | ||
Identification Card that has not expired or (ii) if the | ||
transferor is licensed as a federal firearms dealer under | ||
Section 923 of the federal Gun Control Act of 1968 (18 | ||
U.S.C. 923), an approval number issued in accordance with | ||
Section 3.1 of the Firearm Owners Identification Card Act | ||
shall be proof that the Firearm Owner's Identification Card | ||
was valid. | ||
(B) Paragraph (h) of subsection (A) does not include | ||
firearms sold within 6
months after enactment of Public
Act | ||
78-355 (approved August 21, 1973, effective October 1, 1973), | ||
nor is any
firearm legally owned or
possessed by any citizen or | ||
purchased by any citizen within 6 months after the
enactment of | ||
Public Act 78-355 subject
to confiscation or seizure under the | ||
provisions of that Public Act. Nothing in
Public Act 78-355 | ||
shall be construed to prohibit the gift or trade of
any firearm | ||
if that firearm was legally held or acquired within 6 months | ||
after
the enactment of that Public Act.
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(C) Sentence.
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(1) Any person convicted of unlawful sale of firearms | ||
in violation of
paragraph any of paragraphs (c), (e), (f), | ||
(g), or through (h) of subsection (A) commits a Class
4
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felony.
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(2) Any person convicted of unlawful sale of firearms | ||
in violation of
paragraph (b) or (i) of subsection (A) | ||
commits a Class 3 felony.
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(3) Any person convicted of unlawful sale of firearms | ||
in violation of
paragraph (a) of subsection (A) commits a | ||
Class 2 felony.
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(4) Any person convicted of unlawful sale of firearms | ||
in violation of
paragraph (a), (b), or (i) of subsection | ||
(A) in any school, on the real
property comprising a | ||
school, within 1,000 feet of the real property comprising
a | ||
school, at a school related activity, or on or within 1,000 | ||
feet of any
conveyance owned, leased, or contracted by a | ||
school or school district to
transport students to or from | ||
school or a school related activity,
regardless of the time | ||
of day or time of year at which the offense
was committed, | ||
commits a Class 1 felony. Any person convicted of a second
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or subsequent violation of unlawful sale of firearms in | ||
violation of paragraph
(a), (b), or (i) of subsection (A) | ||
in any school, on the real property
comprising a school, | ||
within 1,000 feet of the real property comprising a
school, | ||
at a school related activity, or on or within 1,000 feet of | ||
any
conveyance owned, leased, or contracted by a school or | ||
school district to
transport students to or from school or | ||
a school related activity,
regardless of the time of day or | ||
time of year at which the offense
was committed, commits a | ||
Class 1 felony for which the sentence shall be a
term of | ||
imprisonment of no less than 5 years and no more than 15 | ||
years.
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(5) Any person convicted of unlawful sale of firearms | ||
in violation of
paragraph (a) or (i) of subsection (A) in | ||
residential property owned,
operated, or managed by a | ||
public housing agency or leased by a public housing
agency | ||
as part of a scattered site or mixed-income development, in | ||
a public
park, in a
courthouse, on residential property | ||
owned, operated, or managed by a public
housing agency or | ||
leased by a public housing agency as part of a scattered | ||
site
or mixed-income development, on the real property | ||
comprising any public park,
on the real
property comprising | ||
any courthouse, or on any public way within 1,000 feet
of | ||
the real property comprising any public park, courthouse, | ||
or residential
property owned, operated, or managed by a | ||
public housing agency or leased by a
public housing agency | ||
as part of a scattered site or mixed-income development
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commits a
Class 2 felony.
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(6) Any person convicted of unlawful sale of firearms | ||
in violation of
paragraph (j) of subsection (A) commits a | ||
Class A misdemeanor. A second or
subsequent violation is a | ||
Class 4 felony. | ||
(7) Any person convicted of unlawful sale of firearms | ||
in violation of paragraph (k) of subsection (A) commits a | ||
Class 4 felony. A third or subsequent conviction for a | ||
violation of paragraph (k) of subsection (A) is a Class 1 | ||
felony.
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(8) A person 18 years of age or older convicted of | ||
unlawful sale of firearms in violation of paragraph (a) or | ||
(i) of subsection (A), when the firearm that was sold or | ||
given to another person under 18 years of age was used in | ||
the commission of or attempt to commit a forcible felony, | ||
shall be fined or imprisoned, or both, not to exceed the | ||
maximum provided for the most serious forcible felony so | ||
committed or attempted by the person under 18 years of age | ||
who was sold or given the firearm. | ||
(9) Any person convicted of unlawful sale of firearms | ||
in violation of
paragraph (d) of subsection (A) commits a | ||
Class 3 felony. | ||
(D) For purposes of this Section:
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"School" means a public or private elementary or secondary | ||
school,
community college, college, or university.
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"School related activity" means any sporting, social, | ||
academic, or
other activity for which students' attendance or | ||
participation is sponsored,
organized, or funded in whole or in | ||
part by a school or school district.
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(E) A prosecution for a violation of paragraph (k) of | ||
subsection (A) of this Section may be commenced within 6 years | ||
after the commission of the offense. A prosecution for a | ||
violation of this Section other than paragraph (g) of | ||
subsection (A) of this Section may be commenced within 5 years | ||
after the commission of the offense defined in the particular | ||
paragraph.
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(Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, | ||
eff. 8-21-07; 95-735, eff. 7-16-08.)
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(720 ILCS 5/24-3.7 new) | ||
Sec. 24-3.7. Use of a stolen firearm in the commission of | ||
an offense. | ||
(a) A person commits the offense of use of a stolen firearm | ||
in the commission of an offense when he or she knowingly uses a | ||
stolen firearm in the commission of any offense and the person | ||
knows that the firearm was stolen. | ||
(b) Sentence. Use of a stolen firearm in the commission of | ||
an offense is a Class 2 felony.
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Section 10. The Unified Code of Corrections is amended by | ||
changing Section 5-8-4 as follows:
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(730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
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Sec. 5-8-4. Concurrent and Consecutive Terms of | ||
Imprisonment.
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(a) When multiple sentences of imprisonment are imposed on | ||
a
defendant at the same time, or when a term of imprisonment is
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imposed on a defendant who is already subject to sentence in
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this State or in another state, or for a sentence imposed by
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any district court of the United States, the sentences shall
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run concurrently or consecutively as determined by the court.
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When one of the offenses for which a defendant was
convicted | ||
was a violation of Section 32-5.2 of the Criminal
Code of 1961 | ||
and the offense was committed in attempting or
committing a | ||
forcible felony,
the court may impose consecutive sentences. | ||
When a term of imprisonment is imposed on a defendant by an | ||
Illinois circuit
court and the defendant is subsequently | ||
sentenced to a term of imprisonment
by another state or by a | ||
district court of the United States, the Illinois
circuit court | ||
which imposed the sentence may order that the Illinois sentence
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be made concurrent with the sentence imposed by the other state | ||
or district
court of the United States. The defendant must | ||
apply to the circuit court
within 30 days after the defendant's | ||
sentence imposed by the other state
or district of the United | ||
States is finalized.
The court shall impose consecutive | ||
sentences if:
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(i) one of the offenses for which
defendant was | ||
convicted was first degree murder or a Class X or Class 1 | ||
felony
and the
defendant inflicted severe bodily injury, or
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(ii) the defendant was
convicted of a violation of | ||
Section 12-13, 12-14, or 12-14.1 of
the Criminal Code of
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1961, or
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(iii) the defendant was convicted of armed violence | ||
based upon
the predicate offense of solicitation of murder, | ||
solicitation of murder for
hire, heinous battery, | ||
aggravated battery of a senior citizen, criminal sexual
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assault, a violation of subsection (g) of Section 5 of the | ||
Cannabis Control
Act, cannabis trafficking, a violation of | ||
subsection (a) of Section 401 of
the Illinois Controlled | ||
Substances Act, controlled substance trafficking
involving | ||
a Class X felony amount of controlled substance under | ||
Section 401 of
the Illinois Controlled Substances Act, a | ||
violation of the Methamphetamine Control and Community | ||
Protection Act,
calculated criminal drug conspiracy, or | ||
streetgang criminal drug
conspiracy, or
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(iv) the defendant was convicted of the offense of | ||
leaving the
scene of a motor vehicle accident involving | ||
death or personal
injuries under Section 11-401 and either: | ||
(A) aggravated driving under the
influence of alcohol, | ||
other drug or drugs, or intoxicating compound
or compounds, | ||
or any combination thereof under Section 11-501 of
the | ||
Illinois Vehicle Code, or (B) reckless homicide under | ||
Section 9-3 of
the Criminal Code of 1961, or both an | ||
offense described in subdivision (A) and
an offense | ||
described in subdivision (B), or | ||
(v) the defendant was convicted of a violation of | ||
Section 9-3.1 (concealment of homicidal death) or Section | ||
12-20.5 (dismembering a human body) of the Criminal Code of | ||
1961, or
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(vi) the defendant was convicted of a violation of | ||
Section 24-3.7 (use of a stolen firearm in the commission | ||
of an offense) of the Criminal Code of 1961, | ||
in which event the
court shall enter sentences to run | ||
consecutively. Sentences shall
run concurrently unless | ||
otherwise specified by the court.
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(b) Except in cases where consecutive sentences are | ||
mandated, the court
shall impose concurrent sentences unless,
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having regard to the nature and circumstances of the offense
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and the history and character of the defendant, it is of the
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opinion that consecutive sentences are required to
protect the | ||
public
from further criminal conduct by the defendant, the | ||
basis for
which the court shall set forth in the record.
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(c) (1) For sentences imposed under law in effect prior to
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February 1, 1978 the aggregate
maximum of consecutive | ||
sentences shall not exceed the maximum
term authorized | ||
under Section 5-8-1 for the 2 most serious
felonies | ||
involved. The aggregate minimum period of consecutive
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sentences shall not exceed the highest minimum term | ||
authorized
under Section 5-8-1 for the 2 most serious | ||
felonies involved.
When sentenced only for misdemeanors, a | ||
defendant shall not
be consecutively sentenced to more than | ||
the maximum for one
Class A misdemeanor.
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(2) For sentences imposed under the law
in effect on or | ||
after February 1, 1978, the aggregate
of consecutive | ||
sentences for offenses that were committed as part of a | ||
single
course of conduct during which there was no | ||
substantial change in the nature of
the criminal objective | ||
shall not exceed the sum of the
maximum terms authorized | ||
under Section 5-8-2 for the 2 most
serious felonies | ||
involved, but no such limitation shall apply for offenses
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that were not committed as part of a single course of | ||
conduct during which
there was no substantial change in the | ||
nature of the criminal objective.
When sentenced only for | ||
misdemeanors,
a defendant shall not be consecutively | ||
sentenced to more than
the maximum for one Class A | ||
misdemeanor.
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(d) An offender serving a sentence for a misdemeanor who is
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convicted of a felony and sentenced to imprisonment shall be
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transferred to the Department of Corrections, and the
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misdemeanor sentence shall be merged in and run concurrently
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with the felony sentence.
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(e) In determining the manner in which consecutive | ||
sentences
of imprisonment, one or more of which is for a | ||
felony, will be
served, the Department of Corrections shall | ||
treat the offender
as though he had been committed for a single | ||
term with the
following incidents:
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(1) the maximum period of a term of imprisonment shall
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consist of the aggregate of the maximums of the imposed
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indeterminate terms, if any, plus the aggregate of the
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imposed determinate sentences for felonies plus
the | ||
aggregate of the imposed determinate sentences for | ||
misdemeanors
subject to paragraph (c) of this Section;
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(2) the parole or mandatory supervised release term | ||
shall be
as provided in paragraph (e) of Section 5-8-1 of | ||
this Code for
the most serious of the offenses involved;
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(3) the minimum period of imprisonment shall be the
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aggregate of the minimum and determinate periods of | ||
imprisonment
imposed by the court, subject to paragraph (c) | ||
of this Section; and
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(4) the offender shall be awarded credit against the
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aggregate maximum term and the aggregate minimum term of
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imprisonment for all time served in an institution since | ||
the
commission of the offense or offenses and as a | ||
consequence
thereof at the rate specified in Section 3-6-3 | ||
of this Code.
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(f) A sentence of an offender committed to the Department | ||
of
Corrections at the time of the commission of the offense | ||
shall be served
consecutive to the sentence under which he is | ||
held by the Department of
Corrections. However, in case such | ||
offender shall be sentenced to
punishment by death, the | ||
sentence shall be executed at such time as the
court may fix | ||
without regard to the sentence under which such offender
may be | ||
held by the Department.
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(g) A sentence under Section 3-6-4 for escape or attempted | ||
escape
shall be served consecutive to the terms under which the | ||
offender is
held by the Department of Corrections.
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(h) If a person charged with a felony commits a separate | ||
felony while
on pre-trial release or in pretrial detention in a | ||
county jail facility
or county detention facility, the | ||
sentences imposed upon conviction of these
felonies shall be | ||
served consecutively regardless of the order in which the
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judgments of conviction are entered.
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(h-1) If a person commits a battery against a county | ||
correctional officer or sheriff's employee while serving a | ||
sentence or in pretrial detention in a county jail facility, | ||
then the sentence imposed upon conviction of the battery shall | ||
be served consecutively with the sentence imposed upon | ||
conviction of the earlier misdemeanor or felony, regardless of | ||
the order in which the
judgments of conviction are entered.
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(i) If a person admitted to bail following conviction of a | ||
felony
commits a separate felony while free on bond or if a | ||
person detained in a
county jail facility or county detention | ||
facility following conviction of a
felony commits a separate | ||
felony while in detention, any sentence following
conviction of | ||
the separate felony shall be consecutive to that of the
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original sentence for which the defendant was on bond or | ||
detained.
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(j) If a person is found to be in possession of an item of | ||
contraband, as defined in clause (c)(2) of Section 31A-1.1 of | ||
the Criminal Code of 1961, while serving a sentence in a penal | ||
institution or while in pre-trial detention in a county jail, | ||
the sentence imposed upon conviction for the offense of | ||
possessing contraband in a penal institution shall be served | ||
consecutively to the sentence imposed for the offense in which | ||
the person is serving sentence in the county jail or serving | ||
pretrial detention, regardless of the order in which the | ||
judgments of conviction are entered. | ||
(Source: P.A. 94-556, eff. 9-11-05; 94-985, eff. 1-1-07; | ||
95-379, eff. 8-23-07; 95-766, eff. 1-1-09.)
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