Bill Text: IL SB0034 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends provisions of the Illinois Municipal Code stating that certain municipal officials are conservators of the peace after completion of a training course administered by the Illinois Law Enforcement Training Standards Board. Provides that those provisions do not apply to any alderman, councilman, or trustee of a municipality that restricts or prohibits the private ownership or possession of any firearms by residents of that municipality by ordinance or resolution. Amends the Criminal Code of 1961. Provides that a violation of the offense of aggravated unlawful use of a weapon by any alderman, councilman, or trustee of a municipality not entitled to carry or possess a firearm in accordance with those provisions of the Illinois Municipal Code is a Class 3 felony. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB0034 Detail]

Download: Illinois-2011-SB0034-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB0034 Introduced 1/27/2011, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED:
65 ILCS 5/3.1-15-25 from Ch. 24, par. 3.1-15-25
720 ILCS 5/24-1.6
Amends provisions of the Illinois Municipal Code stating that certain municipal officials are conservators of the peace after completion of a training course administered by the Illinois Law Enforcement Training Standards Board. Provides that those provisions do not apply to any alderman, councilman, or trustee of a municipality that restricts or prohibits the private ownership or possession of any firearms by residents of that municipality by ordinance or resolution. Amends the Criminal Code of 1961. Provides that a violation of the offense of aggravated unlawful use of a weapon by any alderman, councilman, or trustee of a municipality not entitled to carry or possess a firearm in accordance with those provisions of the Illinois Municipal Code is a Class 3 felony. Effective immediately.
LRB097 00187 RLC 40202 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning firearms.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 3.1-15-25 as follows:
(65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
Sec. 3.1-15-25. Conservators of the peace; service of
warrants.
(a) After receiving a certificate attesting to the
successful completion of a training course administered by the
Illinois Law Enforcement Training Standards Board, the mayor,
aldermen, president, trustees, marshal, deputy marshals, and
policemen in municipalities shall be conservators of the peace.
Those persons and others authorized by ordinance shall have
power (i) to arrest or cause to be arrested, with or without
process, all persons who break the peace or are found violating
any municipal ordinance or any criminal law of the State, (ii)
to commit arrested persons for examination, (iii) if necessary,
to detain arrested persons in custody over night or Sunday in
any safe place or until they can be brought before the proper
court, and (iv) to exercise all other powers as conservators of
the peace prescribed by the corporate authorities.
(b) All warrants for the violation of municipal ordinances

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or the State criminal law, directed to any person, may be
served and executed within the limits of a municipality by any
policeman or marshal of the municipality. For that purpose,
policemen and marshals have all the common law and statutory
powers of sheriffs.
(c) This Section does not apply to any alderman,
councilman, or trustee of a municipality that restricts or
prohibits the private ownership or possession of any firearms
by residents of that municipality by ordinance or resolution.
(Source: P.A. 90-540, eff. 12-1-97.)
Section 10. The Criminal Code of 1961 is amended by
changing Section 24-1.6 as follows:
(720 ILCS 5/24-1.6)
Sec. 24-1.6. Aggravated unlawful use of a weapon.
(a) A person commits the offense of aggravated unlawful use
of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any
vehicle or concealed on or about his or her person except
when on his or her land or in his or her abode, legal
dwelling, or fixed place of business, or on the land or in
the legal dwelling of another person as an invitee with
that person's permission, any pistol, revolver, stun gun or
taser or other firearm; or
(2) Carries or possesses on or about his or her person,

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upon any public street, alley, or other public lands within
the corporate limits of a city, village or incorporated
town, except when an invitee thereon or therein, for the
purpose of the display of such weapon or the lawful
commerce in weapons, or except when on his or her own land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun or taser or other firearm;
and
(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded and
immediately accessible at the time of the offense; or
(B) the firearm possessed was uncased, unloaded
and the ammunition for the weapon was immediately
accessible at the time of the offense; or
(C) the person possessing the firearm has not been
issued a currently valid Firearm Owner's
Identification Card; or
(D) the person possessing the weapon was
previously adjudicated a delinquent minor under the
Juvenile Court Act of 1987 for an act that if committed
by an adult would be a felony; or
(E) the person possessing the weapon was engaged in
a misdemeanor violation of the Cannabis Control Act, in
a misdemeanor violation of the Illinois Controlled

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Substances Act, or in a misdemeanor violation of the
Methamphetamine Control and Community Protection Act;
or
(F) (blank); or
(G) the person possessing the weapon had a order of
protection issued against him or her within the
previous 2 years; or
(H) the person possessing the weapon was engaged in
the commission or attempted commission of a
misdemeanor involving the use or threat of violence
against the person or property of another; or
(I) the person possessing the weapon was under 21
years of age and in possession of a handgun as defined
in Section 24-3, unless the person under 21 is engaged
in lawful activities under the Wildlife Code or
described in subsection 24-2(b)(1), (b)(3), or
24-2(f).
(b) "Stun gun or taser" as used in this Section has the
same definition given to it in Section 24-1 of this Code.
(c) This Section does not apply to or affect the
transportation or possession of weapons that:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm

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Owner's Identification Card.
(d) Sentence.
(1) Aggravated unlawful use of a weapon is a Class 4
felony; aggravated unlawful use of a weapon by any
alderman, councilman, or trustee of a municipality not
entitled to carry or possess a firearm in accordance with
Section 3.1-15-25 of the Illinois Municipal Code is a Class
3 felony; a second or subsequent offense is 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 7
years.
(2) Except as otherwise provided in paragraphs (3) and
(4) of this subsection (d), a first offense of aggravated
unlawful use of a weapon committed with a firearm by a
person 18 years of age or older where the factors listed in
both items (A) and (C) of paragraph (3) of subsection (a)
are present is a Class 4 felony, for which the person shall
be sentenced to a term of imprisonment of not less than one
year and not more than 3 years.
(3) Aggravated unlawful use of a weapon by a person who
has been previously convicted of a felony in this State or
another jurisdiction is 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 7 years.
(4) Aggravated unlawful use of a weapon while wearing
or in possession of body armor as defined in Section 33F-1

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by a person who has not been issued a valid Firearms
Owner's Identification Card in accordance with Section 5 of
the Firearm Owners Identification Card Act is a Class X
felony.
(e) The possession of each firearm in violation of this
Section constitutes a single and separate violation.
(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.