CD CORR-FIREARM CRIME-SENTENCE

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3516

Introduced 2/5/2026, by Sen. Patrick J. Joyce

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-1.1

from Ch. 38, par. 24-1.1
720 ILCS 5/24-1.6
730 ILCS 5/5-4.5-111 new

Amends the Unified Code of Corrections. Restores provisions regarding
sentencing guidelines for individuals with prior felony firearm-related or
other specified convictions that were repealed on January 1, 2004. Applies
to offenses committed on or after the effective date of the amendatory Act.
Eliminates sunset provision. Amends the Criminal Code of 2012 to make
conforming changes.
LRB104 20030 RLC 33481 b

A BILL FOR

SB3516
LRB104 20030 RLC 33481 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 Sections 24-1.1 and 24-1.6 as follows:

6

(720 ILCS 5/24-1.1)

(from Ch. 38, par. 24-1.1)
7

Sec. 24-1.1.
Unlawful possession of weapons by felons or
8
persons in the custody of the Department of Corrections
9
facilities.
10

(a) It is unlawful for a person to knowingly possess on or
11
about his person or on his land or in his own abode or fixed
12
place of business any weapon prohibited under Section 24-1 of
13
this Act or any firearm or any firearm ammunition if the person
14
has been convicted of a felony under the laws of this State or
15
any other jurisdiction. This Section shall not apply if the
16
person has been granted relief by the Director of the Illinois
17
State Police under Section 10 of the Firearm Owners
18
Identification Card Act.
19

(b) It is unlawful for any person confined in a penal
20
institution, which is a facility of the Illinois Department of
21
Corrections, to possess any weapon prohibited under Section
22
24-1 of this Code or any firearm or firearm ammunition,
23
regardless of the intent with which he possesses it.

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LRB104 20030 RLC 33481 b
1

(c) It shall be an affirmative defense to a violation of
2
subsection (b), that such possession was specifically
3
authorized by rule, regulation, or directive of the Illinois
4
Department of Corrections or order issued pursuant thereto.
5

(d) The defense of necessity is not available to a person
6
who is charged with a violation of subsection (b) of this
7
Section.
8

(e) Sentence. Violation of this Section by a person not
9
confined in a penal institution shall be a Class 3 felony for
10
which the person shall be sentenced to no less than 2 years and
11
no more than 10 years. A second or subsequent violation of this
12
Section shall be a Class 2 felony for which the person shall be
13
sentenced to a term of imprisonment of not less than 3 years
14
and not more than 14 years, except as provided for in Section
15
5-4.5-111

5-4.5-110
of the Unified Code of Corrections.
16
Violation of this Section by a person not confined in a penal
17
institution who has been convicted of a forcible felony, a
18
felony violation of Article 24 of this Code or of the Firearm
19
Owners Identification Card Act, stalking or aggravated
20
stalking, or a Class 2 or greater felony under the Illinois
21
Controlled Substances Act, the Cannabis Control Act, or the
22
Methamphetamine Control and Community Protection Act is a
23
Class 2 felony for which the person shall be sentenced to not
24
less than 3 years and not more than 14 years, except as
25
provided for in Section
5-4.5-111

5-4.5-110
of the Unified
26
Code of Corrections. Violation of this Section by a person who

SB3516
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LRB104 20030 RLC 33481 b
1
is on parole or mandatory supervised release is a Class 2
2
felony for which the person shall be sentenced to not less than
3
3 years and not more than 14 years, except as provided for in
4
Section
5-4.5-111

5-4.5-110
of the Unified Code of
5
Corrections. Violation of this Section by a person not
6
confined in a penal institution is a Class X felony when the
7
firearm possessed is a machine gun. Any person who violates
8
this Section while confined in a penal institution, which is a
9
facility of the Illinois Department of Corrections, is guilty
10
of a Class 1 felony, if he possesses any weapon prohibited
11
under Section 24-1 of this Code regardless of the intent with
12
which he possesses it, a Class X felony if he possesses any
13
firearm, firearm ammunition or explosive, and a Class X felony
14
for which the offender shall be sentenced to not less than 12
15
years and not more than 50 years when the firearm possessed is
16
a machine gun. A violation of this Section while wearing or in
17
possession of body armor as defined in Section 33F-1 is a Class
18
X felony punishable by a term of imprisonment of not less than
19
10 years and not more than 40 years. The possession of each
20
firearm or firearm ammunition in violation of this Section
21
constitutes a single and separate violation.
22
(Source: P.A. 102-538, eff. 8-20-21; 103-822, eff. 1-1-25
.)

23

(720 ILCS 5/24-1.6)
24

Sec. 24-1.6.
Aggravated unlawful possession of a weapon.
25

(a) A person commits the offense of aggravated unlawful

SB3516
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LRB104 20030 RLC 33481 b
1
possession of a weapon when he or she knowingly:
2

(1) Carries on or about his or her person or in any
3

vehicle or concealed on or about his or her person except
4

when on his or her land or in his or her abode, legal
5

dwelling, or fixed place of business, or on the land or in
6

the legal dwelling of another person as an invitee with
7

that person's permission, any pistol, revolver, stun gun
8

or taser or other firearm; or
9

(2) Carries or possesses on or about his or her
10

person, upon any public street, alley, or other public
11

lands within the corporate limits of a city, village or
12

incorporated town, except when an invitee thereon or
13

therein, for the purpose of the display of such weapon or
14

the lawful commerce in weapons, or except when on his or
15

her own land or in his or her own abode, legal dwelling, or
16

fixed place of business, or on the land or in the legal
17

dwelling of another person as an invitee with that
18

person's permission, any pistol, revolver, stun gun or
19

taser or other firearm; and
20

(3) One of the following factors is present:
21

(A) the firearm, other than a pistol, revolver, or
22

handgun, possessed was uncased, loaded, and
23

immediately accessible at the time of the offense; or
24

(A-5) the pistol, revolver, or handgun possessed
25

was uncased, loaded, and immediately accessible at the
26

time of the offense and the person possessing the

SB3516
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LRB104 20030 RLC 33481 b
1

pistol, revolver, or handgun has not been issued a
2

currently valid license under the Firearm Concealed
3

Carry Act; or
4

(B) the firearm, other than a pistol, revolver, or
5

handgun, possessed was uncased, unloaded, and the
6

ammunition for the weapon was immediately accessible
7

at the time of the offense; or
8

(B-5) the pistol, revolver, or handgun possessed
9

was uncased, unloaded, and the ammunition for the
10

weapon was immediately accessible at the time of the
11

offense and the person possessing the pistol,
12

revolver, or handgun has not been issued a currently
13

valid license under the Firearm Concealed Carry Act;
14

or
15

(C) the person possessing the firearm has not been
16

issued a currently valid Firearm Owner's
17

Identification Card; or
18

(D) the person possessing the weapon was
19

previously adjudicated a delinquent minor under the
20

Juvenile Court Act of 1987 for an act that if committed
21

by an adult would be a felony; or
22

(E) the person possessing the weapon was engaged
23

in a misdemeanor violation of the Cannabis Control
24

Act, in a misdemeanor violation of the Illinois
25

Controlled Substances Act, or in a misdemeanor
26

violation of the Methamphetamine Control and Community

SB3516
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LRB104 20030 RLC 33481 b
1

Protection Act; or
2

(F) (blank); or
3

(G) the person possessing the weapon had an order
4

of protection issued against him or her within the
5

previous 2 years; or
6

(H) the person possessing the weapon was engaged
7

in the commission or attempted commission of a
8

misdemeanor involving the use or threat of violence
9

against the person or property of another; or
10

(I) the person possessing the weapon was under 21
11

years of age and in possession of a handgun, unless the
12

person under 21 is engaged in lawful activities under
13

the Wildlife Code or described in subsection
14

24-2(b)(1), (b)(3), or 24-2(f).
15

(a-5) "Handgun" as used in this Section has the meaning
16
given to it in Section 5 of the Firearm Concealed Carry Act.
17

(b) "Stun gun or taser" as used in this Section has the
18
same definition given to it in Section 24-1 of this Code.
19

(c) This Section does not apply to or affect the
20
transportation or possession of weapons that:
21

(i) are broken down in a non-functioning state; or
22

(ii) are not immediately accessible; or
23

(iii) are unloaded and enclosed in a case, firearm
24

carrying box, shipping box, or other container by a person
25

who has been issued a currently valid Firearm Owner's
26

Identification Card.

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LRB104 20030 RLC 33481 b
1

(d) Sentence.
2

(1) Aggravated unlawful possession of a weapon is a
3

Class 4 felony; a second or subsequent offense is a Class 2
4

felony for which the person shall be sentenced to a term of
5

imprisonment of not less than 3 years and not more than 7
6

years, except as provided for in Section
5-4.5-111

7

5-4.5-110
of the Unified Code of Corrections.
8

(2) Except as otherwise provided in paragraphs (3) and
9

(4) of this subsection (d), a first offense of aggravated
10

unlawful possession of a weapon committed with a firearm
11

by a person 18 years of age or older where the factors
12

listed in both items (A) and (C) or both items (A-5) and
13

(C) of paragraph (3) of subsection (a) are present is a
14

Class 4 felony, for which the person shall be sentenced to
15

a term of imprisonment of not less than one year and not
16

more than 3 years.
17

(3) Aggravated unlawful possession of a weapon by a
18

person who has been previously convicted of a felony in
19

this State or another jurisdiction is a Class 2 felony for
20

which the person shall be sentenced to a term of
21

imprisonment of not less than 3 years and not more than 7
22

years, except as provided for in Section
5-4.5-111

23

5-4.5-110
of the Unified Code of Corrections.
24

(4) Aggravated unlawful possession of a weapon while
25

wearing or in possession of body armor as defined in
26

Section 33F-1 by a person who has not been issued a valid

SB3516
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LRB104 20030 RLC 33481 b
1

Firearms Owner's Identification Card in accordance with
2

Section 5 of the Firearm Owners Identification Card Act is
3

a Class X felony.
4

(e) The possession of each firearm in violation of this
5
Section constitutes a single and separate violation.
6
(Source: P.A. 103-822, eff. 1-1-25
.)

7

Section 10.
The Unified Code of Corrections is amended by
8
adding Section 5-4.5-111 as follows:

9

(730 ILCS 5/5-4.5-111 new)
10

Sec. 5-4.5-111.
SENTENCING GUIDELINES FOR INDIVIDUALS WITH
11
PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
12

(a) DEFINITIONS. For the purposes of this Section:
13

"Firearm" has the meaning ascribed to it in Section
14

1.1 of the Firearm Owners Identification Card Act.
15

"Qualifying predicate offense" means the following
16

offenses under the Criminal Code of 2012:
17

(A) aggravated unlawful possession of a weapon
18

under Section 24-1.6 or similar offense under the
19

Criminal Code of 1961, when the weapon is a firearm;

20

(B) unlawful possession of a weapon by a felon
21

under Section 24-1.1 or similar offense under the
22

Criminal Code of 1961, when the weapon is a firearm;
23

(C) first degree murder under Section 9-1 or
24

similar offense under the Criminal Code of 1961;

SB3516
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LRB104 20030 RLC 33481 b
1

(D) attempted first degree murder with a firearm
2

or similar offense under the Criminal Code of 1961;
3

(E) aggravated kidnaping with a firearm under
4

paragraph (6) or (7) of subsection (a) of Section 10-2
5

or similar offense under the Criminal Code of 1961;
6

(F) aggravated battery with a firearm under
7

subsection (e) of Section 12-3.05 or similar offense
8

under the Criminal Code of 1961;
9

(G) aggravated criminal sexual assault under
10

Section 11-1.30 or similar offense under the Criminal
11

Code of 1961;
12

(H) predatory criminal sexual assault of a child
13

under Section 11-1.40 or similar offense under the
14

Criminal Code of 1961;
15

(I) armed robbery under Section 18-2 or similar
16

offense under the Criminal Code of 1961;
17

(J) vehicular hijacking under Section 18-3 or
18

similar offense under the Criminal Code of 1961;
19

(K) aggravated vehicular hijacking under Section
20

18-4 or similar offense under the Criminal Code of
21

1961;
22

(L) home invasion with a firearm under paragraph
23

(3), (4), or (5) of subsection (a) of Section 19-6 or
24

similar offense under the Criminal Code of 1961;
25

(M) aggravated discharge of a firearm under
26

Section 24-1.2 or similar offense under the Criminal

SB3516
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LRB104 20030 RLC 33481 b
1

Code of 1961;
2

(N) aggravated discharge of a machine gun or a
3

firearm equipped with a device designed or used for
4

silencing the report of a firearm under Section
5

24-1.2-5 or similar offense under the Criminal Code of
6

1961;
7

(0) unlawful possession of firearm projectiles
8

under Section 24-2.1 or similar offense under the
9

Criminal Code of 1961;
10

(P) manufacture, sale, or transfer of bullets or
11

shells represented to be armor piercing bullets,
12

dragon's breath shotgun shells, bolo shells, or
13

flechette shells under Section 24-2.2 or similar
14

offense under the Criminal Code of 1961;
15

(Q) unlawful sale or delivery of firearms under
16

Section 24-3 or similar offense under the Criminal
17

Code of 1961;
18

(R) unlawful discharge of firearm projectiles
19

under Section 24-3.2 or similar offense under the
20

Criminal Code of 1961;
21

(S) unlawful sale or delivery of firearms on
22

school premises of any school under Section 24-3.3 or
23

similar offense under the Criminal Code of 1961;
24

(T) unlawful purchase of a firearm under Section
25

24-3.5 or similar offense under the Criminal Code of
26

1961;

SB3516
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LRB104 20030 RLC 33481 b
1

(U) use of a stolen firearm in the commission of an
2

offense under Section 24-3.7 or similar offense under
3

the Criminal Code of 1961;
4

(V) possession of a stolen firearm under Section
5

24-3.8 or similar offense under the Criminal Code of
6

1961;
7

(W) aggravated possession of a stolen firearm
8

under Section 24-3.9 or similar offense under the
9

Criminal Code of 1961;
10

(X) gunrunning under Section 24-3A or similar
11

offense under the Criminal Code of 1961;
12

(Y) defacing identification marks of firearms
13

under Section 24-5 or similar offense under the
14

Criminal Code of 1961; and
15

(Z) armed violence under Section 33A-2 or similar
16

offense under the Criminal Code of 1961.

17

(b) APPLICABILITY. For an offense committed on or after
18
the effective date of this amendatory Act of the 104th General
19
Assembly, when a person is convicted of unlawful possession of
20
a weapon by a felon, when the weapon is a firearm, or
21
aggravated unlawful possession of a weapon, when the weapon is
22
a firearm, after being previously convicted of a qualifying
23
predicate offense the person shall be subject to the
24
sentencing guidelines under this Section.
25

(c) SENTENCING GUIDELINES.
26

(1) When a person is convicted of unlawful possession

SB3516
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LRB104 20030 RLC 33481 b
1

of a weapon by a felon, when the weapon is a firearm, and
2

that person has been previously convicted of a qualifying
3

predicate offense, the person shall be sentenced to a term
4

of imprisonment within the sentencing range of not less
5

than 7 years and not more than 14 years, unless the court
6

finds that a departure from the sentencing guidelines
7

under this paragraph is warranted under subsection (d) of
8

this Section.
9

(2) When a person is convicted of aggravated unlawful
10

possession of a weapon, when the weapon is a firearm, and
11

that person has been previously convicted of a qualifying
12

predicate offense, the person shall be sentenced to a term
13

of imprisonment within the sentencing range of not less
14

than 6 years and not more than 7 years, unless the court
15

finds that a departure from the sentencing guidelines
16

under this paragraph is warranted under subsection (d) of
17

this Section.

18

(3) The sentencing guidelines in paragraphs (1) and
19

(2) of this subsection (c) apply only to offenses
20

committed on and after the effective date of this
21

amendatory Act of the 104th General Assembly.

22

(d) DEPARTURE FROM SENTENCING GUIDELINES.
23

(1) At the sentencing hearing conducted under Section
24

5-4-1 of this Code, the court may depart from the
25

sentencing guidelines provided in subsection (c) of this
26

Section and impose a sentence otherwise authorized by law

SB3516
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LRB104 20030 RLC 33481 b
1

for the offense if the court, after considering any factor
2

under paragraph (2) of this subsection (d) relevant to the
3

nature and circumstances of the crime and to the history
4

and character of the defendant, finds on the record
5

substantial and compelling justification that the sentence
6

within the sentencing guidelines would be unduly harsh and
7

that a sentence otherwise authorized by law would be
8

consistent with public safety and does not deprecate the
9

seriousness of the offense.
10

(2) In deciding whether to depart from the sentencing
11

guidelines under this paragraph, the court shall consider:
12

(A) the age, immaturity, or limited mental
13

capacity of the defendant at the time of commission of
14

the qualifying predicate or current offense, including
15

whether the defendant was suffering from a mental or
16

physical condition insufficient to constitute a
17

defense but significantly reduced the defendant's
18

culpability;
19

(B) the nature and circumstances of the qualifying
20

predicate offense;
21

(C) the time elapsed since the qualifying
22

predicate offense;
23

(D) the nature and circumstances of the current
24

offense;
25

(E) the defendant's prior criminal history;
26

(F) whether the defendant committed the qualifying

SB3516
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LRB104 20030 RLC 33481 b
1

predicate or current offense under specific and
2

credible duress, coercion, threat, or compulsion;
3

(G) whether the defendant aided in the
4

apprehension of another felon or testified truthfully
5

on behalf of another prosecution of a felony; and
6

(H) whether departure is in the interest of the
7

person's rehabilitation, including employment or
8

educational or vocational training, after taking into
9

account any past rehabilitation efforts or
10

dispositions of probation or supervision, and the
11

defendant's cooperation or response to rehabilitation.
12

(3) When departing from the sentencing guidelines
13

under this Section, the court shall specify on the record,
14

the particular evidence, information, factor or factors,
15

or other reasons which led to the departure from the
16

sentencing guidelines. When departing from the sentencing
17

range in accordance with this subsection (d), the court
18

shall indicate on the sentencing order which departure
19

factor or factors outlined in paragraph (2) of this
20

subsection (d) led to the sentence imposed. The sentencing
21

order shall be filed with the clerk of the court and shall
22

be a public record.

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