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
 


HB3389LRB103 05078 RLC 55771 b



1 AN ACT concerning criminal law.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by 
5changing 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 
9another when and to
the extent that he reasonably believes 
10that such conduct is necessary to
defend himself or another 
11against such other's imminent use of unlawful
force. However, 
12he is justified in the use of force which is intended or
likely 
13to cause death or great bodily harm only if he reasonably 
14believes
that such force is necessary to prevent imminent 
15death or great bodily harm
to himself or another, or the 
16commission of a forcible felony.
17 (b) In no case shall any act involving the use of force 
18justified under this Section give rise to any claim or 
19liability brought by or on behalf of any person acting within 
20the definition of "aggressor" set forth in Section 7-4 of this 
21Article, or the estate, spouse, or other family member of such 
22a person, against the person or estate of the person using such 
23justified force, unless the use of force involves willful or 
 
 
HB3389- 2 -LRB103 05078 RLC 55771 b


1wanton misconduct.


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