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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3664 Introduced 1/21/2022, by Sen. John Connor SYNOPSIS AS INTRODUCED:
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55 ILCS 5/3-9005 | from Ch. 34, par. 3-9005 |
430 ILCS 66/65 | |
720 ILCS 5/21-6 | from Ch. 38, par. 21-6 |
720 ILCS 5/33A-2 | from Ch. 38, par. 33A-2 |
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Amends the Firearm Concealed Carry Act. Provides that a State's Attorney who has been issued a license to carry a concealed firearm pursuant to the Act may carry a concealed firearm in specified areas otherwise prohibited. Amends the Counties Code making conforming changes. Amends the Criminal Code of 2012. Provides that the offenses of unauthorized possession or storage of weapons and armed violence do not apply to the carrying of a concealed firearm by a State's Attorney as allowed by law.
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| | A BILL FOR |
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| | SB3664 | | LRB102 24265 AWJ 33496 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing |
| 5 | | Section 3-9005 as follows:
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| 6 | | (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
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| 7 | | Sec. 3-9005. Powers and duties of State's Attorney.
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| 8 | | (a) The duty of each State's Attorney shall be:
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| 9 | | (1) To commence and prosecute all actions, suits, |
| 10 | | indictments and
prosecutions, civil and criminal, in the |
| 11 | | circuit court for the county,
in which the people of the |
| 12 | | State or county may be concerned.
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| 13 | | (2) To prosecute all forfeited bonds and |
| 14 | | recognizances, and all
actions and proceedings for the |
| 15 | | recovery of debts, revenues, moneys,
fines, penalties and |
| 16 | | forfeitures accruing to the State or the county, or
to any |
| 17 | | school district or road district in the county; also, to
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| 18 | | prosecute all suits in the county against railroad or |
| 19 | | transportation
companies, which may be prosecuted in the |
| 20 | | name of the People of the
State of Illinois.
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| 21 | | (3) To commence and prosecute all actions and |
| 22 | | proceedings brought by
any county officer in the county |
| 23 | | officer's official capacity.
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| 1 | | (4) To defend all actions and proceedings brought |
| 2 | | against the
county, or against any county or State |
| 3 | | officer, in the county or State officer's official
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| 4 | | capacity, within the county.
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| 5 | | (5) To attend the examination of all persons brought |
| 6 | | before any judge
on habeas corpus, when the prosecution is |
| 7 | | in the county.
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| 8 | | (6) To attend before judges and prosecute charges of |
| 9 | | felony or
misdemeanor, for which the offender is required |
| 10 | | to be recognized to appear
before the circuit court, when |
| 11 | | in the State's Attorney's power so to do.
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| 12 | | (7) To give the State's Attorney's opinion, without |
| 13 | | fee or reward, to any county officer
in the county, upon |
| 14 | | any question or law relating to any criminal or other
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| 15 | | matter, in which the people or the county may be |
| 16 | | concerned.
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| 17 | | (8) To assist the Attorney General whenever it may be |
| 18 | | necessary, and in
cases of appeal from the county to the |
| 19 | | Supreme Court, to which it is the
duty of the Attorney |
| 20 | | General to attend, the State's Attorney shall furnish the |
| 21 | | Attorney General
at least 10 days before such is due to be |
| 22 | | filed, a manuscript of a proposed
statement, brief and |
| 23 | | argument to be printed and filed on behalf of the people,
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| 24 | | prepared in accordance with the rules of the Supreme |
| 25 | | Court. However, if
such brief, argument or other document |
| 26 | | is due to be filed by law or order
of court within this |
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| 1 | | 10-day period, then the State's Attorney shall furnish
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| 2 | | such as soon as may be reasonable.
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| 3 | | (9) To pay all moneys received by the State's Attorney |
| 4 | | in trust, without delay, to the
officer who by law is |
| 5 | | entitled to the custody thereof.
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| 6 | | (10) To notify, by first class mail, complaining |
| 7 | | witnesses of the ultimate
disposition of the cases arising |
| 8 | | from an indictment or an information.
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| 9 | | (11) To perform such other and further duties as may, |
| 10 | | from time to time,
be enjoined on the State's Attorney by |
| 11 | | law.
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| 12 | | (12) To appear in all proceedings by collectors of |
| 13 | | taxes against
delinquent taxpayers for judgments to sell |
| 14 | | real estate, and see that all the
necessary preliminary |
| 15 | | steps have been legally taken to make the judgment legal
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| 16 | | and binding.
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| 17 | | (13) To notify, by first-class mail, the State |
| 18 | | Superintendent of Education, the applicable regional |
| 19 | | superintendent of schools, and the superintendent of the |
| 20 | | employing school district or the chief school |
| 21 | | administrator of the employing nonpublic school, if any, |
| 22 | | upon the conviction of any individual known to possess a |
| 23 | | certificate or license issued pursuant to Article 21 or |
| 24 | | 21B, respectively, of the School Code of any offense set |
| 25 | | forth in Section 21B-80 of the School Code or any other |
| 26 | | felony conviction, providing the name of the certificate |
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| 1 | | holder, the fact of the conviction, and the name and |
| 2 | | location of the court where the conviction occurred. The |
| 3 | | certificate holder must also be contemporaneously sent a |
| 4 | | copy of the notice. |
| 5 | | (b) The State's Attorney of each county shall have |
| 6 | | authority to
appoint one or more special investigators to |
| 7 | | serve subpoenas and summonses, make return
of process, and |
| 8 | | conduct investigations which assist the State's Attorney in
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| 9 | | the performance of the State's Attorney duties. In counties of |
| 10 | | the first and second class, the fees for service of subpoenas |
| 11 | | and summonses are allowed by this Section and shall be |
| 12 | | consistent with those set forth in Section 4-5001 of this Act, |
| 13 | | except when increased by county ordinance as provided for in |
| 14 | | Section 4-5001. In counties of the third class, the fees for |
| 15 | | service of subpoenas and summonses are allowed by this Section |
| 16 | | and shall be consistent with those set forth in Section |
| 17 | | 4-12001 of this Act. A special investigator shall not carry
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| 18 | | firearms except with permission of the State's Attorney and |
| 19 | | only while
carrying appropriate identification indicating the |
| 20 | | special investigator's employment and in the
performance of |
| 21 | | the special investigator's assigned duties.
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| 22 | | Subject to the qualifications set forth in this |
| 23 | | subsection, special
investigators shall be peace officers and |
| 24 | | shall have all the powers possessed
by investigators under the |
| 25 | | State's Attorneys Appellate Prosecutor's Act.
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| 26 | | No special investigator employed by the State's Attorney |
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| 1 | | shall have peace
officer status or exercise police powers |
| 2 | | unless the special investigator successfully
completes the |
| 3 | | basic police training course mandated and approved by the
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| 4 | | Illinois Law Enforcement Training Standards Board or such
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| 5 | | board waives the training requirement by reason of the special
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| 6 | | investigator's prior law enforcement experience or training or |
| 7 | | both. Any
State's Attorney appointing a special investigator |
| 8 | | shall consult with all
affected local police agencies, to the |
| 9 | | extent consistent with the public
interest, if the special |
| 10 | | investigator is assigned to areas within that
agency's |
| 11 | | jurisdiction.
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| 12 | | Before a person is appointed as a special investigator, |
| 13 | | the person's
fingerprints shall be taken and transmitted to |
| 14 | | the Department of State
Police. The Department shall examine |
| 15 | | its records and submit to the State's
Attorney of the county in |
| 16 | | which the investigator seeks appointment any
conviction |
| 17 | | information concerning the person on file with the Department.
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| 18 | | No person shall be appointed as a special investigator if the |
| 19 | | person has been
convicted of a felony or other offense |
| 20 | | involving moral turpitude. A
special investigator shall be |
| 21 | | paid a salary and be reimbursed for actual
expenses incurred |
| 22 | | in performing the special investigator's assigned duties. The |
| 23 | | county board
shall approve the salary and actual expenses and |
| 24 | | appropriate the salary
and expenses in the manner prescribed |
| 25 | | by law or ordinance.
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| 26 | | (c) The State's
Attorney may request and receive from |
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| 1 | | employers, labor unions, telephone
companies, and utility |
| 2 | | companies
location information concerning putative fathers and |
| 3 | | noncustodial parents for
the purpose of establishing a child's |
| 4 | | paternity or establishing, enforcing, or
modifying a child |
| 5 | | support obligation. In this subsection, "location
information"
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| 6 | | means information about (i) the physical whereabouts of a |
| 7 | | putative father or
noncustodial parent, (ii) the putative |
| 8 | | father or noncustodial parent's
employer, or
(iii) the salary, |
| 9 | | wages, and other
compensation paid and the health insurance |
| 10 | | coverage provided to the putative
father or noncustodial |
| 11 | | parent by the employer of the putative father or
noncustodial |
| 12 | | parent
or by a labor union of which the putative father or |
| 13 | | noncustodial parent is a
member.
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| 14 | | (d) (Blank).
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| 15 | | (e) The State's Attorney shall have the authority to enter |
| 16 | | into a written
agreement with the Department of Revenue for |
| 17 | | pursuit of civil
liability under subsection (E) of Section |
| 18 | | 17-1 of the Criminal Code of 2012 against persons who
have |
| 19 | | issued to the Department checks or other orders in violation |
| 20 | | of the
provisions of paragraph (1) of subsection (B) of |
| 21 | | Section 17-1 of the Criminal
Code of 2012, with the Department |
| 22 | | to retain the amount owing upon the
dishonored check or order |
| 23 | | along with the dishonored check fee imposed under the
Uniform |
| 24 | | Penalty and Interest Act, with the balance of damages, fees, |
| 25 | | and costs
collected under subsection (E) of Section 17-1 of |
| 26 | | the Criminal Code of 2012 or under Section 17-1a of that Code |
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| 1 | | to be retained by
the State's Attorney. The agreement shall |
| 2 | | not affect the allocation of fines
and costs imposed in any |
| 3 | | criminal prosecution.
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| 4 | | (f) In a county with less than 2,000,000 inhabitants, and |
| 5 | | only upon receipt of a written request by the superintendent |
| 6 | | of the county Veterans Assistance Commission for the county in |
| 7 | | which the State's Attorney is located, the State's Attorney |
| 8 | | shall have the discretionary authority to render an opinion, |
| 9 | | without fee or reward, upon any question of law relating to a |
| 10 | | matter in which the county Veterans Assistance Commission may |
| 11 | | be concerned. The State's Attorney shall have the discretion |
| 12 | | to grant or decline such a request. |
| 13 | | (g) The State's Attorney while holding office may, upon |
| 14 | | being issued a license to carry a concealed firearm pursuant |
| 15 | | to the Firearm Concealed Carry Act, carry a concealed firearm |
| 16 | | in specified prohibited areas as provided under subsection (e) |
| 17 | | of Section 65 of the Firearm Concealed Carry Act. |
| 18 | | (Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)
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| 19 | | Section 10. The Firearm Concealed Carry Act is amended by |
| 20 | | changing Section 65 as follows:
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| 21 | | (430 ILCS 66/65)
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| 22 | | Sec. 65. Prohibited areas. |
| 23 | | (a) A licensee under this Act shall not knowingly carry a |
| 24 | | firearm on or into: |
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| 1 | | (1) Any building, real property, and parking area |
| 2 | | under the control of a public or private elementary or |
| 3 | | secondary school. |
| 4 | | (2) Any building, real property, and parking area |
| 5 | | under the control of a pre-school or child care facility, |
| 6 | | including any room or portion of a building under the |
| 7 | | control of a pre-school or child care facility. Nothing in |
| 8 | | this paragraph shall prevent the operator of a child care |
| 9 | | facility in a family home from owning or possessing a |
| 10 | | firearm in the home or license under this Act, if no child |
| 11 | | under child care at the home is present in the home or the |
| 12 | | firearm in the home is stored in a locked container when a |
| 13 | | child under child care at the home is present in the home. |
| 14 | | (3) Any building, parking area, or portion of a |
| 15 | | building under the control of an officer of the executive |
| 16 | | or legislative branch of government, provided that nothing |
| 17 | | in this paragraph shall prohibit a licensee from carrying |
| 18 | | a concealed firearm onto the real property, bikeway, or |
| 19 | | trail in a park regulated by the Department of Natural |
| 20 | | Resources or any other designated public hunting area or |
| 21 | | building where firearm possession is permitted as |
| 22 | | established by the Department of Natural Resources under |
| 23 | | Section 1.8 of the Wildlife Code. |
| 24 | | (4) Any building designated for matters before a |
| 25 | | circuit court, appellate court, or the Supreme Court, or |
| 26 | | any building or portion of a building under the control of |
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| 1 | | the Supreme Court. |
| 2 | | (5) Any building or portion of a building under the |
| 3 | | control of a unit of local government. |
| 4 | | (6) Any building, real property, and parking area |
| 5 | | under the control of an adult or juvenile detention or |
| 6 | | correctional institution, prison, or jail. |
| 7 | | (7) Any building, real property, and parking area |
| 8 | | under the control of a public or private hospital or |
| 9 | | hospital affiliate, mental health facility, or nursing |
| 10 | | home. |
| 11 | | (8) Any bus, train, or form of transportation paid for |
| 12 | | in whole or in part with public funds, and any building, |
| 13 | | real property, and parking area under the control of a |
| 14 | | public transportation facility paid for in whole or in |
| 15 | | part with public funds. |
| 16 | | (9) Any building, real property, and parking area |
| 17 | | under the control of an establishment that serves alcohol |
| 18 | | on its premises, if more than 50% of the establishment's |
| 19 | | gross receipts within the prior 3 months is from the sale |
| 20 | | of alcohol. The owner of an establishment who knowingly |
| 21 | | fails to prohibit concealed firearms on its premises as |
| 22 | | provided in this paragraph or who knowingly makes a false |
| 23 | | statement or record to avoid the prohibition on concealed |
| 24 | | firearms under this paragraph is subject to the penalty |
| 25 | | under subsection (c-5) of Section 10-1 of the Liquor |
| 26 | | Control Act of 1934. |
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| 1 | | (10) Any public gathering or special event conducted |
| 2 | | on property open to the public that requires the issuance |
| 3 | | of a permit from the unit of local government, provided |
| 4 | | this prohibition shall not apply to a licensee who must |
| 5 | | walk through a public gathering in order to access his or |
| 6 | | her residence, place of business, or vehicle. |
| 7 | | (11) Any building or real property that has been |
| 8 | | issued a Special Event Retailer's license as defined in |
| 9 | | Section 1-3.17.1 of the Liquor Control Act during the time |
| 10 | | designated for the sale of alcohol by the Special Event |
| 11 | | Retailer's license, or a Special use permit license as |
| 12 | | defined in subsection (q) of Section 5-1 of the Liquor |
| 13 | | Control Act during the time designated for the sale of |
| 14 | | alcohol by the Special use permit license. |
| 15 | | (12) Any public playground. |
| 16 | | (13) Any public park, athletic area, or athletic |
| 17 | | facility under the control of a municipality or park |
| 18 | | district, provided nothing in this Section shall prohibit |
| 19 | | a licensee from carrying a concealed firearm while on a |
| 20 | | trail or bikeway if only a portion of the trail or bikeway |
| 21 | | includes a public park. |
| 22 | | (14) Any real property under the control of the Cook |
| 23 | | County Forest Preserve District. |
| 24 | | (15) Any building, classroom, laboratory, medical |
| 25 | | clinic, hospital, artistic venue, athletic venue, |
| 26 | | entertainment venue, officially recognized |
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| 1 | | university-related organization property, whether owned or |
| 2 | | leased, and any real property, including parking areas, |
| 3 | | sidewalks, and common areas under the control of a public |
| 4 | | or private community college, college, or university. |
| 5 | | (16) Any building, real property, or parking area |
| 6 | | under the control of a gaming facility licensed under the |
| 7 | | Illinois Gambling Act or the Illinois Horse Racing Act of |
| 8 | | 1975, including an inter-track wagering location licensee. |
| 9 | | (17) Any stadium, arena, or the real property or |
| 10 | | parking area under the control of a stadium, arena, or any |
| 11 | | collegiate or professional sporting event. |
| 12 | | (18) Any building, real property, or parking area |
| 13 | | under the control of a public library. |
| 14 | | (19) Any building, real property, or parking area |
| 15 | | under the control of an airport. |
| 16 | | (20) Any building, real property, or parking area |
| 17 | | under the control of an amusement park. |
| 18 | | (21) Any building, real property, or parking area |
| 19 | | under the control of a zoo or museum. |
| 20 | | (22) Any street, driveway, parking area, property, |
| 21 | | building, or facility, owned, leased, controlled, or used |
| 22 | | by a nuclear energy, storage, weapons, or development site |
| 23 | | or facility regulated by the federal Nuclear Regulatory |
| 24 | | Commission. The licensee shall not under any circumstance |
| 25 | | store a firearm or ammunition in his or her vehicle or in a |
| 26 | | compartment or container within a vehicle located anywhere |
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| 1 | | in or on the street, driveway, parking area, property, |
| 2 | | building, or facility described in this paragraph. |
| 3 | | (23) Any area where firearms are prohibited under |
| 4 | | federal law. |
| 5 | | (a-5) Nothing in this Act shall prohibit a public or |
| 6 | | private community college, college, or university from: |
| 7 | | (1) prohibiting persons from carrying a firearm within |
| 8 | | a vehicle owned, leased, or controlled by the college or |
| 9 | | university; |
| 10 | | (2) developing resolutions, regulations, or policies |
| 11 | | regarding student, employee, or visitor misconduct and |
| 12 | | discipline, including suspension and expulsion; |
| 13 | | (3) developing resolutions, regulations, or policies |
| 14 | | regarding the storage or maintenance of firearms, which |
| 15 | | must include designated areas where persons can park |
| 16 | | vehicles that carry firearms; and |
| 17 | | (4) permitting the carrying or use of firearms for the |
| 18 | | purpose of instruction and curriculum of officially |
| 19 | | recognized programs, including but not limited to military |
| 20 | | science and law enforcement training programs, or in any |
| 21 | | designated area used for hunting purposes or target |
| 22 | | shooting. |
| 23 | | (a-10) The owner of private real property of any type may |
| 24 | | prohibit the carrying of concealed firearms on the property |
| 25 | | under his or her control. The owner must post a sign in |
| 26 | | accordance with subsection (d) of this Section indicating that |
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| 1 | | firearms are prohibited on the property, unless the property |
| 2 | | is a private residence. |
| 3 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of |
| 4 | | this Section except under paragraph (22) or (23) of subsection |
| 5 | | (a), any licensee prohibited from carrying a concealed firearm |
| 6 | | into the parking area of a prohibited location specified in |
| 7 | | subsection (a), (a-5), or (a-10) of this Section shall be |
| 8 | | permitted to carry a concealed firearm on or about his or her |
| 9 | | person within a vehicle into the parking area and may store a |
| 10 | | firearm or ammunition concealed in a case within a locked |
| 11 | | vehicle or locked container out of plain view within the |
| 12 | | vehicle in the parking area. A licensee may carry a concealed |
| 13 | | firearm in the immediate area surrounding his or her vehicle |
| 14 | | within a prohibited parking lot area only for the limited |
| 15 | | purpose of storing or retrieving a firearm within the |
| 16 | | vehicle's trunk. For purposes of this subsection, "case" |
| 17 | | includes a glove compartment or console that completely |
| 18 | | encloses the concealed firearm or ammunition, the trunk of the |
| 19 | | vehicle, or a firearm carrying box, shipping box, or other |
| 20 | | container. |
| 21 | | (c) A licensee shall not be in violation of this Section |
| 22 | | while he or she is traveling along a public right of way that |
| 23 | | touches or crosses any of the premises under subsection (a), |
| 24 | | (a-5), or (a-10) of this Section if the concealed firearm is |
| 25 | | carried on his or her person in accordance with the provisions |
| 26 | | of this Act or is being transported in a vehicle by the |
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| 1 | | licensee in accordance with all other applicable provisions of |
| 2 | | law. |
| 3 | | (d) Signs stating that the carrying of firearms is |
| 4 | | prohibited shall be clearly and conspicuously posted at the |
| 5 | | entrance of a building, premises, or real property specified |
| 6 | | in this Section as a prohibited area, unless the building or |
| 7 | | premises is a private residence. Signs shall be of a uniform |
| 8 | | design as established by the Illinois State Police and shall |
| 9 | | be 4 inches by 6 inches in size. The Illinois State Police |
| 10 | | shall adopt rules for standardized signs to be used under this |
| 11 | | subsection.
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| 12 | | (e) A State's Attorney who has been issued a license to |
| 13 | | carry a concealed firearm pursuant to this Act may carry a |
| 14 | | concealed firearm in areas prohibited by this Section while |
| 15 | | holding office. However, this subsection does not authorize |
| 16 | | the State's Attorney to carry a concealed firearm in the areas |
| 17 | | prohibited in paragraph (6), (7), (14), (19), (22), or (23) of |
| 18 | | subsection (a). |
| 19 | | (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
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| 20 | | Section 15. The Criminal Code of 2012 is amended by |
| 21 | | changing Sections 21-6 and 33A-2 as follows:
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| 22 | | (720 ILCS 5/21-6) (from Ch. 38, par. 21-6)
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| 23 | | Sec. 21-6. Unauthorized Possession or Storage of Weapons.
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| 24 | | (a) Whoever possesses or stores any weapon enumerated in |
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| 1 | | Section 33A-1
in any building or on land supported in whole or |
| 2 | | in part with public
funds or in any building on such land |
| 3 | | without
prior written permission from the chief security |
| 4 | | officer for such land or
building commits a Class A |
| 5 | | misdemeanor.
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| 6 | | (b) The chief security officer must grant any reasonable |
| 7 | | request for
permission under paragraph (a).
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| 8 | | (c) This Section does not apply to the carrying of a |
| 9 | | concealed firearm by a State's Attorney as provided in Section |
| 10 | | 3-9005 of the Counties Code. |
| 11 | | (Source: P.A. 89-685, eff. 6-1-97.)
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| 12 | | (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
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| 13 | | Sec. 33A-2. Armed violence-Elements of the offense.
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| 14 | | (a) A person commits armed violence when, while armed with
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| 15 | | a dangerous weapon, he commits any felony defined by
Illinois |
| 16 | | Law, except first degree murder, attempted first degree |
| 17 | | murder,
intentional
homicide of an unborn child, second degree |
| 18 | | murder, involuntary manslaughter, reckless homicide, predatory |
| 19 | | criminal sexual assault of a child,
aggravated battery of
a |
| 20 | | child as described in Section 12-4.3 or subdivision (b)(1) of |
| 21 | | Section 12-3.05, home invasion, or any offense that makes the |
| 22 | | possession or use of a dangerous weapon either an element of |
| 23 | | the base offense, an aggravated or enhanced version of the |
| 24 | | offense, or a mandatory sentencing factor that increases the |
| 25 | | sentencing range.
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| 1 | | (b) A person commits armed violence when he or she |
| 2 | | personally discharges a
firearm that is a Category I or |
| 3 | | Category II weapon while committing any felony
defined by
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| 4 | | Illinois law, except first degree murder, attempted first |
| 5 | | degree murder,
intentional homicide of an unborn child, second |
| 6 | | degree murder, involuntary manslaughter, reckless homicide,
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| 7 | | predatory criminal sexual assault of a
child, aggravated
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| 8 | | battery of a child as described in Section 12-4.3 or |
| 9 | | subdivision (b)(1) of Section 12-3.05, home invasion, or any |
| 10 | | offense that makes the possession or use of a dangerous weapon |
| 11 | | either an element of the base offense, an aggravated or |
| 12 | | enhanced version of the offense, or a mandatory sentencing |
| 13 | | factor that increases the sentencing range.
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| 14 | | (c) A person commits armed violence when he or she |
| 15 | | personally discharges a
firearm that is a Category I or |
| 16 | | Category II weapon that proximately causes
great bodily harm,
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| 17 | | permanent disability, or permanent disfigurement or death to |
| 18 | | another person
while committing any felony defined by Illinois |
| 19 | | law, except first degree
murder, attempted first degree |
| 20 | | murder, intentional homicide of an unborn child,
second degree |
| 21 | | murder, involuntary manslaughter, reckless homicide, predatory |
| 22 | | criminal sexual assault of a child, aggravated battery of a |
| 23 | | child as described in Section 12-4.3 or subdivision (b)(1) of |
| 24 | | Section 12-3.05, home invasion,
or any offense that makes the |
| 25 | | possession or use of a dangerous weapon either an element of |
| 26 | | the base offense, an aggravated or enhanced version of the |
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| 1 | | offense, or a mandatory sentencing factor that increases the |
| 2 | | sentencing range.
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| 3 | | (d) This Section does not apply to: violations of the Fish |
| 4 | | and Aquatic Life
Code or the Wildlife Code; or the carrying of |
| 5 | | a concealed firearm by a State's Attorney as provided in |
| 6 | | Section 3-9005 of the Counties Code.
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| 7 | | (Source: P.A. 95-688, eff. 10-23-07; 96-1551, eff. 7-1-11.)
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