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Bill > HB1037


IL HB1037

IL HB1037
FIREARM OFFENSES-HABITUAL CRIM


summary

Introduced
01/09/2025
In Committee
01/09/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Criminal Code of 2012. Increases penalties for unlawful possession of weapons by felons or persons in the custody of the Department of Corrections facilities. Provides that a person commits unlawful sale or delivery of firearms when he or she knowingly: (1) sells or gives a firearm to a person who has been convicted of a felony or who is a streetgang member or (2) sells or gives a firearm that has been purchased or acquired out of state to a person who has been convicted of a felony or is a streetgang member. Provides that a violation is a Class 1 felony. Provides that a second or subsequent violation is non-probationable. Amends the Unified Code of Corrections. Deletes a provision that the first offense had to be committed when the person was 21 years of age or older to be adjudged a habitual criminal. Provides that a person who attained the age of 18 at the time of the third offense may be adjudged a habitual criminal. In the Class X sentencing provision for a defendant over 21 years of age who is convicted of a Class 1 or Class 2 felony after twice being convicted of a Class 1 or Class 2 felony, deletes a provision that the first offense had to be committed when the person was 21 years of age or older and deletes a provision that the offenses had to be forcible felonies. Exempts theft from this calculation.

AI Summary

This bill strengthens Illinois firearms laws by increasing penalties for certain firearm-related offenses and modifying sentencing provisions. Specifically, the bill increases penalties for unlawful possession of weapons by felons, changing the classification from a Class 3 to a Class 1 felony with increased prison time from 2-10 years to 4-15 years. For second or subsequent offenses, the penalty is elevated to a Class X felony with 6-30 years in prison. The bill also creates new provisions making it a Class 1 felony to sell or give a firearm to a person with a felony conviction or a street gang member, or to sell a firearm purchased out of state to such a person. Additionally, the bill modifies habitual criminal provisions by removing the requirement that the first offense be committed when the person was 21 or older, and now allows a person who is 18 at the time of their third offense to be adjudged a habitual criminal. These changes aim to more strictly regulate firearm possession and sales by individuals with criminal backgrounds, particularly those associated with street gangs, with the goal of reducing gun-related crime.

Sponsors (1)

Last Action

Referred to Rules Committee (on 01/09/2025)

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