IL HB0794

Creates new offense of "unlawful possession of a firearm by a street gang member" under Section 24-1.8 of the Criminal Code, making it a Class 2 felony punishable by 3-10 years imprisonment.

Applies to street gang members who possess, carry, or conceal firearms and ammunition on streets, roads, alleys, or public lands without a valid Firearm Owner's Identification Card, with exceptions for their own abode or fixed place of business.

Prohibits probation, periodic imprisonment, or conditional discharge when the firearm was loaded or contained ammunition; court must impose minimum 3-year sentence in such cases.

Removes street gang membership as an aggravating factor in the existing "aggravated unlawful use of a weapon" offense (Section 24-1.6) by striking that provision.

Adds unlawful possession of loaded firearm by gang member to list of offenses in the Unified Code of Corrections (Section 5-5-3) for which probation and conditional discharge are prohibited; effective immediately upon passage.