Bill Text: IL HB0307 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a person commits unlawful use of body armor when the person knowingly purchases, owns, or possesses body armor if the person has been convicted of a felony that is a crime of violence. Provides that it is an affirmative defense to a violation that the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity. Provides that it is also an affirmative defense to a violation for a confidential informant or witness with a conviction for a crime of violence to possess body armor when that person is engaged or reasonably believes that he or she is engaged by a law enforcement agency for a legitimate law enforcement purpose and is under the direct supervision and acting under the direct authorization of the chief of police of that law enforcement agency or a law enforcement officer designated by the chief of police. Provides that a violation is a Class 4 felony. Defines "crime of violence".

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0307 Detail]

Download: Illinois-2015-HB0307-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB0307 Introduced , by Rep. Kathleen Willis SYNOPSIS AS INTRODUCED:
720 ILCS 5/33F-1 from Ch. 38, par. 33F-1
720 ILCS 5/33F-2 from Ch. 38, par. 33F-2
720 ILCS 5/33F-3 from Ch. 38, par. 33F-3
Amends the Criminal Code of 2012. Provides that a person also commits unlawful use of body armor when he or she knowingly purchases, owns, or possesses body armor, if that person has been convicted of a felony that is a crime of violence. Establishes exceptions. Provides that a violation is a Class 4 felony.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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 2012 is amended by changing
Sections 33F-1, 33F-2, and 33F-3 as follows:
(720 ILCS 5/33F-1) (from Ch. 38, par. 33F-1)
Sec. 33F-1. Definitions. For purposes of this Article:
(a) "Body Armor" means any one of the following:
(1) A military style flak or tactical assault vest
which is made of Kevlar or any other similar material or
metal, fiberglass, plastic, and nylon plates and designed
to be worn over one's clothing for the intended purpose of
stopping not only missile fragmentation from mines,
grenades, mortar shells and artillery fire but also fire
from rifles, machine guns, and small arms.
(2) Soft body armor which is made of Kevlar or any
other similar material or metal or any other type of insert
and which is lightweight and pliable and which can be
easily concealed under a shirt.
(3) A military style recon/surveillance vest which is
made of Kevlar or any other similar material and which is
lightweight and designed to be worn over one's clothing.
(4) Protective casual clothing which is made of Kevlar

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or any other similar material and which was originally
intended to be used by undercover law enforcement officers
or dignitaries and is designed to look like jackets, coats,
raincoats, quilted or three piece suit vests.
(a-5) "Crime of violence" means a felony offense that is
defined as a crime of violence in Section 2 of the Crime
Victims Compensation Act.
(b) "Dangerous weapon" means a Category I, Category II, or
Category III weapon as defined in Section 33A-1 of this Code.
(Source: P.A. 91-696, eff. 4-13-00.)
(720 ILCS 5/33F-2) (from Ch. 38, par. 33F-2)
Sec. 33F-2. Unlawful use of body armor.
(a) A person commits the offense of unlawful use of body
armor when he or she knowingly wears body armor and is in
possession of a dangerous weapon, other than a firearm, in the
commission or attempted commission of any offense.
(b) A person commits unlawful use of body armor when he or
she knowingly purchases, owns, or possesses body armor, if that
person has been convicted of a felony that is a crime of
violence.
(c) It is an affirmative defense to a violation under
subsection (b) that the defendant obtained prior written
certification from his or her employer that the defendant's
purchase, use, or possession of body armor was necessary for
the safe performance of lawful business activity. It is also an

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affirmative defense to a violation under subsection (b) for a
confidential informant or witness with a conviction for a crime
of violence to possess body armor when that person is engaged
or reasonably believes that he or she is engaged by a law
enforcement agency, for a legitimate law enforcement purpose,
and is under the direct supervision and acting under the direct
authorization of the chief of police of that law enforcement
agency or a law enforcement officer designated by the chief of
police.
(Source: P.A. 93-906, eff. 8-11-04.)
(720 ILCS 5/33F-3) (from Ch. 38, par. 33F-3)
Sec. 33F-3. Sentence. A person convicted of unlawful use of
body armor under subsection (a) of Section 33F-2 of this Code
for a first offense is shall be guilty of a Class A misdemeanor
and for a second or subsequent offense is shall be guilty of a
Class 4 felony. A person convicted of unlawful use of body
armor under subsection (b) of Section 33F-2 of this Code is
guilty of a Class 4 felony.
(Source: P.A. 87-521.)