Vote Smart's Synopsis:

Vote to pass a bill that amends various gun laws including making theft of a firearm a felony.

Highlights:

• Defines a ‘Technical Violation’ as a violation of a condition of probation, parole or mandatory supervision that does not involve the following (Sec. 3 6-101):

• An arrest or summons issued by a commissioner on a statement of charges filed by a police officer;

• A violation of a criminal provision other than a minor traffic offense;

• A violation of a no-contact or stay-away order; 

• Absconding; or 

• Use or possession of a firearm 

• Authorizes courts to use their discretion in determining whether a defendant can be released on recognizance bail or whether they should be remanded to custody pending the appeal of the charges brought against them, if those charges relate to a crime of violence or a firearm-related crime (Sec. 3 12-302.c.4(VI)2A) 

• Classifies the use of a firearm in the commission of a crime of violence, or any other felony -whether the firearm is operable or inoperable at the time of the crime- as a felony. (Sec. 3 4-204(b)) 

• Establishes a mandatory minimum sentence of 5 years, and a maximum sentence of 20 years, for an individual found guilty of using a firearm in the commission of a crime of violence or any felony (Sec. 3 4-204(c)(i))

• Limits parole eligibility to no less than 5 years for a firearm violation (Sec. 3 4-204(c)(ii))

• Requires a minimum mandatory sentence of 10 years for each subsequent firearm violation (Sec. 3 4-306(b)(4)(i)) 

• Specifies that a sentence for a subsequent firearm violation and a sentence for the commission of another felony must be served consecutively and not concurrently (Sec. 3 4-204(c)(2) and Sec. 3 4-306(b)(4)(iii))

• Establishes that a person convicted of theft of a firearm (Sec. 3 7-104(H)):

• Is guilty of a felony; 

• Is subject to imprisonment not exceeding 5 years, and a fine not exceeding $10,000 upon conviction; and 

• Shall return the firearm to the owner or pay the owner the value of the firearm. 

• Prohibits a district court commissioner from authorizing the pretrial release of a defendant charged with firearm-related crimes (Sec. 3 5-202(f)(2)(II))

• Prohibits a dealer or individual from selling, renting, loaning or transferring a regulated firearm to a purchase, lessee, borrower, or transferee, if they know that the person they are giving the gun to will use it in the commission of a crime or harm themselves (Sec. 3 5-134(c)(1))

• Specifies that an individual found in violation of the aforementioned provision is guilty of a felony and is subject to imprisonment not exceeding 10 years upon conviction. (Sec. 3 5-134(c)(2))

Full Bill Text