Illinois 2023-2024 Regular Session

Illinois House Bill HB3389 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3389 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED: 720 ILCS 5/7-1 from Ch. 38, par. 7-1 Amends the Criminal Code of 2012. Provides that a person is not justified in the use of force against another if the person is a streetgang member or gang member and is in possession of a firearm in violation of the Deadly Weapons Article of the Code, the Firearm Owners Identification Card Act, or the Firearm Concealed Carry Act. Provides that a person is not justified in the use of force against another if the person is a convicted felon. Defines "streetgang member" and "gang member". LRB103 05078 RLC 55771 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3389 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED: 720 ILCS 5/7-1 from Ch. 38, par. 7-1 720 ILCS 5/7-1 from Ch. 38, par. 7-1 Amends the Criminal Code of 2012. Provides that a person is not justified in the use of force against another if the person is a streetgang member or gang member and is in possession of a firearm in violation of the Deadly Weapons Article of the Code, the Firearm Owners Identification Card Act, or the Firearm Concealed Carry Act. Provides that a person is not justified in the use of force against another if the person is a convicted felon. Defines "streetgang member" and "gang member". LRB103 05078 RLC 55771 b LRB103 05078 RLC 55771 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3389 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/7-1 from Ch. 38, par. 7-1 720 ILCS 5/7-1 from Ch. 38, par. 7-1
4	4	720 ILCS 5/7-1 from Ch. 38, par. 7-1
5	5	Amends the Criminal Code of 2012. Provides that a person is not justified in the use of force against another if the person is a streetgang member or gang member and is in possession of a firearm in violation of the Deadly Weapons Article of the Code, the Firearm Owners Identification Card Act, or the Firearm Concealed Carry Act. Provides that a person is not justified in the use of force against another if the person is a convicted felon. Defines "streetgang member" and "gang member".
6	6	LRB103 05078 RLC 55771 b LRB103 05078 RLC 55771 b
7	7	LRB103 05078 RLC 55771 b
8	8	A BILL FOR
9	9	HB3389LRB103 05078 RLC 55771 b HB3389 LRB103 05078 RLC 55771 b
10	10	HB3389 LRB103 05078 RLC 55771 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 7-1 as follows:
16	16	6 (720 ILCS 5/7-1) (from Ch. 38, par. 7-1)
17	17	7 Sec. 7-1. Use of force in defense of person.
18	18	8 (a) A person is justified in the use of force against
19	19	9 another when and to the extent that he reasonably believes
20	20	10 that such conduct is necessary to defend himself or another
21	21	11 against such other's imminent use of unlawful force. However,
22	22	12 he is justified in the use of force which is intended or likely
23	23	13 to cause death or great bodily harm only if he reasonably
24	24	14 believes that such force is necessary to prevent imminent
25	25	15 death or great bodily harm to himself or another, or the
26	26	16 commission of a forcible felony.
27	27	17 (b) In no case shall any act involving the use of force
28	28	18 justified under this Section give rise to any claim or
29	29	19 liability brought by or on behalf of any person acting within
30	30	20 the definition of "aggressor" set forth in Section 7-4 of this
31	31	21 Article, or the estate, spouse, or other family member of such
32	32	22 a person, against the person or estate of the person using such
33	33	23 justified force, unless the use of force involves willful or
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3389 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED:
38	38	720 ILCS 5/7-1 from Ch. 38, par. 7-1 720 ILCS 5/7-1 from Ch. 38, par. 7-1
39	39	720 ILCS 5/7-1 from Ch. 38, par. 7-1
40	40	Amends the Criminal Code of 2012. Provides that a person is not justified in the use of force against another if the person is a streetgang member or gang member and is in possession of a firearm in violation of the Deadly Weapons Article of the Code, the Firearm Owners Identification Card Act, or the Firearm Concealed Carry Act. Provides that a person is not justified in the use of force against another if the person is a convicted felon. Defines "streetgang member" and "gang member".
41	41	LRB103 05078 RLC 55771 b LRB103 05078 RLC 55771 b
42	42	LRB103 05078 RLC 55771 b
43	43	A BILL FOR
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49	49	720 ILCS 5/7-1 from Ch. 38, par. 7-1
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63	63	HB3389 LRB103 05078 RLC 55771 b
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66	66	HB3389- 2 -LRB103 05078 RLC 55771 b HB3389 - 2 - LRB103 05078 RLC 55771 b
67	67	HB3389 - 2 - LRB103 05078 RLC 55771 b
68	68	1 wanton misconduct.
69	69	2 (c) A person is not justified in the use of force against
70	70	3 another as provided in subsection (a) or (b) if the person is a
71	71	4 streetgang member or gang member and is in possession of a
72	72	5 firearm in violation of Article 24 of this Code, the Firearm
73	73	6 Owners Identification Card Act, or the Firearm Concealed Carry
74	74	7 Act.
75	75	8 (d) A person is not justified in the use of force against
76	76	9 another as provided in subsection (a) or (b) if the person is a
77	77	10 convicted felon.
78	78	11 (e) In this Section, "streetgang member" and "gang member"
79	79	12 have the meanings ascribed to those terms in Section 10 of the
80	80	13 Illinois Streetgang Terrorism Omnibus Prevention Act.
81	81	14 (Source: P.A. 93-832, eff. 7-28-04.)
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87	87	HB3389 - 2 - LRB103 05078 RLC 55771 b