[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] |
91_HB2346eng HB2346 Engrossed LRB9104642RCtm 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 24-1.1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Criminal Code of 1961 is amended by 6 changing Section 24-1.1 as follows: 7 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1) 8 Sec. 24-1.1. Unlawful Use or Possession of Weapons by 9 Felons or Persons in the Custody of the Department of 10 Corrections Facilities. 11 (a) It is unlawful for a person to knowingly possess on 12 or about his person or on his land or in his own abode or 13 fixed place of business any weapon prohibited under Section 14 24-1 of this Act or any firearm or any firearm ammunition if 15 the person has been convicted of a felony under the laws of 16 this State or any other jurisdiction. This Section shall not 17 apply if the person has been granted relief by the Director 18 of the Department of State Police under Section 10 of the 19 Firearm Owners Identification Card Act. 20 (b) It is unlawful for any person confined in a penal 21 institution, which is a facility of the Illinois Department 22 of Corrections, to possess any weapon prohibited under 23 Section 24-1 of this Code or any firearm or firearm 24 ammunition, regardless of the intent with which he possesses 25 it. 26 (c) It shall be an affirmative defense to a violation of 27 subsection (b), that such possession was specifically 28 authorized by rule, regulation, or directive of the Illinois 29 Department of Corrections or order issued pursuant thereto. 30 (d) The defense of necessity is not available to a 31 person who is charged with a violation of subsection (b) of HB2346 Engrossed -2- LRB9104642RCtm 1 this Section. 2 (e) Sentence. Violation of this Section by a person not 3 confined in a penal institution isshall bea Class 234 felony. Any person who violates this Section while confined 5 in a penal institution, which is a facility of the Illinois 6 Department of Corrections, is guilty of a Class 1 felony, if 7 he possesses any weapon prohibited under Section 24-1 of this 8 Code regardless of the intent with which he possesses it, and 9 a Class X felony if he possesses any firearm, firearm 10 ammunition or explosive. 11 (Source: P.A. 88-300.)