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Public Act 096-0190
Public Act 0190 96TH GENERAL ASSEMBLY
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Public Act 096-0190 |
HB1032 Enrolled |
LRB096 09808 RLC 19971 b |
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| AN ACT concerning criminal law.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Criminal Code of 1961 is amended by changing | Section 24-3 and by adding Section 24-3.7 as follows:
| (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| Sec. 24-3. Unlawful Sale of Firearms.
| (A) A person commits the offense of unlawful sale of | firearms when he
or she knowingly does any of the following:
| (a) Sells or gives any firearm of a size which may be | concealed upon the
person to any person under 18 years of | age.
| (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.
| (c) Sells or gives any firearm to any narcotic addict.
| (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.
| (e) Sells or gives any firearm to any person who has | been a patient in a
mental hospital within the past 5 | years.
| (f) Sells or gives any firearms to any person who is |
| mentally
retarded.
| (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
| 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
| 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.
| (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)
| "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.
| (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.
| (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):
| 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
|
| 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.
| "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.
| (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.
| (C) Sentence.
| (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
| felony.
| (2) Any person convicted of unlawful sale of firearms | in violation of
paragraph (b) or (i) of subsection (A) | commits a Class 3 felony.
| (3) Any person convicted of unlawful sale of firearms | in violation of
paragraph (a) of subsection (A) commits a |
| Class 2 felony.
| (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
| 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.
| (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
| commits a
Class 2 felony.
| (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.
| (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:
| "School" means a public or private elementary or secondary | school,
community college, college, or university.
| "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.
| (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.
| (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.)
| (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.
| Section 10. The Unified Code of Corrections is amended by | changing Section 5-8-4 as follows:
| (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4)
| Sec. 5-8-4. Concurrent and Consecutive Terms of | Imprisonment.
| (a) When multiple sentences of imprisonment are imposed on | a
defendant at the same time, or when a term of imprisonment is
| imposed on a defendant who is already subject to sentence in
| this State or in another state, or for a sentence imposed by
| any district court of the United States, the sentences shall
| run concurrently or consecutively as determined by the court.
| 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
| 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:
| (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
| (ii) the defendant was
convicted of a violation of | Section 12-13, 12-14, or 12-14.1 of
the Criminal Code of
| 1961, or
| (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
| 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
| (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
| (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.
| (b) Except in cases where consecutive sentences are | mandated, the court
shall impose concurrent sentences unless,
| having regard to the nature and circumstances of the offense
|
| and the history and character of the defendant, it is of the
| 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.
| (c) (1) For sentences imposed under law in effect prior to
| 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
| 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.
| (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
| 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.
| (d) An offender serving a sentence for a misdemeanor who is
| convicted of a felony and sentenced to imprisonment shall be
| transferred to the Department of Corrections, and the
| misdemeanor sentence shall be merged in and run concurrently
| with the felony sentence.
| (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:
| (1) the maximum period of a term of imprisonment shall
| consist of the aggregate of the maximums of the imposed
| indeterminate terms, if any, plus the aggregate of the
| imposed determinate sentences for felonies plus
the | aggregate of the imposed determinate sentences for | misdemeanors
subject to paragraph (c) of this Section;
| (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;
| (3) the minimum period of imprisonment shall be the
| aggregate of the minimum and determinate periods of | imprisonment
imposed by the court, subject to paragraph (c) | of this Section; and
| (4) the offender shall be awarded credit against the
|
| aggregate maximum term and the aggregate minimum term of
| 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.
| (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.
| (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.
| (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
| judgments of conviction are entered.
| (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.
| (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
| original sentence for which the defendant was on bond or | detained.
| (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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Effective Date: 1/1/2010
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