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| Public Act 097-0237 | ||||
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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 24-1.1 as follows:
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(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
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Sec. 24-1.1. Unlawful Use or Possession of Weapons by | ||||
Felons or
Persons in the Custody of the
Department of | ||||
Corrections Facilities. | ||||
(a) It is unlawful
for a person to knowingly possess on or | ||||
about his person or on his land or
in his own abode or fixed | ||||
place of business any weapon prohibited under
Section 24-1 of | ||||
this Act or any firearm or any firearm ammunition if the
person | ||||
has been convicted of a felony under the laws of this State or | ||||
any
other jurisdiction. This Section shall not apply if the | ||||
person has been
granted relief by the Director of the | ||||
Department of State Police
under Section 10 of the Firearm | ||||
Owners Identification
Card Act.
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(b) It is unlawful for any person confined in a penal | ||||
institution,
which is a facility of the Illinois Department of | ||||
Corrections, to possess
any weapon prohibited under Section | ||||
24-1 of this Code or any firearm or
firearm ammunition, | ||||
regardless of the intent with which he possesses it.
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(c) It shall be an affirmative defense to a violation of | ||
subsection (b), that such possession was specifically | ||
authorized by rule,
regulation, or directive of the Illinois | ||
Department of Corrections or order
issued pursuant thereto.
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(d) The defense of necessity is not available to a person | ||
who is charged
with a violation of subsection (b) of this | ||
Section.
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(e) Sentence. Violation of this Section by a person not | ||
confined
in a penal institution shall be a Class 3 felony
for | ||
which the person, if sentenced
to a term of imprisonment, shall | ||
be sentenced to no less than 2 years and no
more than 10 years | ||
and any second or subsequent violation shall be a Class 2 | ||
felony for which the person shall be sentenced to a term of | ||
imprisonment of not less than 3 years and not more than 14 | ||
years. Violation of this Section by a person not confined in a
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penal institution who has been convicted of a forcible felony, | ||
a felony
violation of Article 24 of this Code or of the Firearm | ||
Owners Identification
Card Act, stalking or aggravated | ||
stalking, or a Class 2 or greater felony
under the Illinois | ||
Controlled Substances Act, the Cannabis Control Act, or the | ||
Methamphetamine Control and Community Protection Act is a
Class | ||
2 felony for which the person
shall be sentenced to not less | ||
than 3 years and not more than 14 years.
Violation of this | ||
Section by a person who is on parole or mandatory supervised
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release is a Class 2 felony for which the person, if sentenced | ||
to a term of
imprisonment, shall be sentenced to not less than | ||
3 years and not more than 14
years. Violation of this Section | ||
by a person not confined in a penal
institution is a Class X | ||
felony when the firearm possessed is a machine gun.
Any person | ||
who violates this Section while confined in a penal
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institution, which is a facility of the Illinois Department of
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Corrections, is guilty of a Class 1
felony, if he possesses any | ||
weapon prohibited under Section 24-1 of this
Code regardless of | ||
the intent with which he possesses it, a Class X
felony if he | ||
possesses any firearm, firearm ammunition or explosive, and a
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Class X felony for which the offender shall be sentenced to not | ||
less than 12
years and not more than 50 years when the firearm | ||
possessed is a machine
gun. A violation of this Section while | ||
wearing or in possession of body armor as defined in Section | ||
33F-1 is a Class X felony punishable by a term of imprisonment | ||
of not less than 10 years and not more than 40 years.
The | ||
possession of each firearm or firearm ammunition in violation | ||
of this Section constitutes a single and separate violation.
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(Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 94-556, | ||
eff. 9-11-05; 95-331, eff. 8-21-07.)
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