Illinois 2023-2024 Regular Session

Illinois House Bill HB3389 Latest Draft

Bill / Introduced Version Filed 02/17/2023

                            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
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
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
    LRB103 05078 RLC 55771 b
A BILL FOR
HB3389LRB103 05078 RLC 55771 b   HB3389  LRB103 05078 RLC 55771 b
  HB3389  LRB103 05078 RLC 55771 b
1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Criminal Code of 2012 is amended by
5  changing Section 7-1 as follows:
6  (720 ILCS 5/7-1) (from Ch. 38, par. 7-1)
7  Sec. 7-1. Use of force in defense of person.
8  (a) A person is justified in the use of force against
9  another when and to the extent that he reasonably believes
10  that such conduct is necessary to defend himself or another
11  against such other's imminent use of unlawful force. However,
12  he is justified in the use of force which is intended or likely
13  to cause death or great bodily harm only if he reasonably
14  believes that such force is necessary to prevent imminent
15  death or great bodily harm to himself or another, or the
16  commission of a forcible felony.
17  (b) In no case shall any act involving the use of force
18  justified under this Section give rise to any claim or
19  liability brought by or on behalf of any person acting within
20  the definition of "aggressor" set forth in Section 7-4 of this
21  Article, or the estate, spouse, or other family member of such
22  a person, against the person or estate of the person using such
23  justified force, unless the use of force involves willful or

 

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
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
    LRB103 05078 RLC 55771 b
A BILL FOR

 

 

720 ILCS 5/7-1 from Ch. 38, par. 7-1



    LRB103 05078 RLC 55771 b

 

 



 

  HB3389  LRB103 05078 RLC 55771 b


HB3389- 2 -LRB103 05078 RLC 55771 b   HB3389 - 2 - LRB103 05078 RLC 55771 b
  HB3389 - 2 - LRB103 05078 RLC 55771 b
1  wanton misconduct.
2  (c) A person is not justified in the use of force against
3  another as provided in subsection (a) or (b) if the person is a
4  streetgang member or gang member and is in possession of a
5  firearm in violation of Article 24 of this Code, the Firearm
6  Owners Identification Card Act, or the Firearm Concealed Carry
7  Act.
8  (d) A person is not justified in the use of force against
9  another as provided in subsection (a) or (b) if the person is a
10  convicted felon.
11  (e) In this Section, "streetgang member" and "gang member"
12  have the meanings ascribed to those terms in Section 10 of the
13  Illinois Streetgang Terrorism Omnibus Prevention Act.
14  (Source: P.A. 93-832, eff. 7-28-04.)

 

 

  HB3389 - 2 - LRB103 05078 RLC 55771 b