SPRINGFIELD – Clarifying and providing more transparency on criminal possession charges, State Senator Javier Cervantes’ new law will retitle these charges to more accurately reflect the nature of the crimes.
“By adjusting the naming of the charges, we can give more clarity around criminal conduct which will allow us to support charged individuals, most of whom are minorities disproportionately arrested for these crimes,” said Cervantes (D-Chicago). “Prior to this law, an unlawful use of a weapon charge could seem like a violent action, while in reality it could be a simple possession of a firearm at the time of arrest. As we clarify these charges, we can provide support to residents who have been impacted and give them greater access to support services.”
According to Cabrini Green Legal Aid, more than 86,500 people have been arrested and more than 33,000 were convicted of unlawful use of a weapon in Illinois since 2009. This disproportionately impacts people and communities of color, with Black individuals comprising 69% of all people arrested for UUW, and negatively affects people’s ability to secure housing and employment.
The new law, House Bill 4500, will change the title of the “unlawful use of a weapon” offense to “unlawful possession of a weapon” in the Criminal Code, along with several similarly named criminal offenses. The legislation would also change the title of the “armed habitual criminal” offense to “unlawful possession of a firearm by a repeat felony offender.” The bill does not change the definitions, penalties or any other elements of the offenses.
“We are changing the language around possession of firearms to help decrease recidivism by giving convicted individuals more access to employment and housing – which will be the two greatest determinants in their future,” said Cervantes. “This law increases transparency so we can give nonviolent offenders the opportunity to right their wrongs and access support, employment and more when they are released.”
After unanimously passing the Senate, House Bill 4500 was signed into law on Friday.
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