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Public Act 099-0816
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SB2947 Enrolled | LRB099 19506 RLC 43899 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing |
Sections 12-0.1, 12-2, 12-3.05, 24-1.2, and 24-1.2-5 as |
follows:
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(720 ILCS 5/12-0.1)
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Sec. 12-0.1. Definitions. In this Article, unless the |
context clearly requires otherwise: |
"Bona fide labor dispute" means any controversy concerning |
wages, salaries, hours, working conditions, or benefits, |
including health and welfare, sick leave, insurance, and |
pension or retirement provisions, the making or maintaining of |
collective bargaining agreements, and the terms to be included |
in those agreements. |
"Coach" means a person recognized as a coach by the |
sanctioning authority that conducts an athletic contest. |
"Correctional institution employee" means a person |
employed by a penal institution. |
"Emergency medical services personnel technician " has the |
meaning specified in Section 3.5 of the Emergency Medical |
Services (EMS) Systems Act and shall include all ambulance crew |
members, including drivers or pilots includes a paramedic, |
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ambulance driver, first aid worker, hospital worker, or other |
medical assistance worker . |
"Family or household members" include spouses, former |
spouses, parents, children, stepchildren, and other persons |
related by blood or by present or prior marriage, persons who |
share or formerly shared a common dwelling, persons who have or |
allegedly have a child in common, persons who share or |
allegedly share a blood relationship through a child, persons |
who have or have had a dating or engagement relationship, |
persons with disabilities and their personal assistants, and |
caregivers as defined in Section 12-4.4a of this Code. For |
purposes of this Article, neither a casual acquaintanceship nor |
ordinary fraternization between 2 individuals in business or |
social contexts shall be deemed to constitute a dating |
relationship. |
"In the presence of a child" means in the physical presence |
of a child or knowing or having reason to know that a child is |
present and may see or hear an act constituting an offense. |
"Park district employee" means a supervisor, director, |
instructor, or other person employed by a park district. |
"Person with a physical disability" means a person who |
suffers from a permanent and disabling physical |
characteristic, resulting from disease, injury, functional |
disorder, or congenital condition. |
"Private security officer" means a registered employee of a |
private security contractor agency under the Private |
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Detective, Private Alarm, Private Security, Fingerprint |
Vendor, and Locksmith Act of 2004. |
"Probation officer" means a person as defined in the |
Probation and Probation Officers Act. |
"Sports official" means a person at an athletic contest who |
enforces the rules of the contest, such as an umpire or |
referee. |
"Sports venue" means a publicly or privately owned sports |
or entertainment arena, stadium, community or convention hall, |
special event center, or amusement facility, or a special event |
center in a public park, during the 12 hours before or after |
the sanctioned sporting event. |
"Streetgang", "streetgang member", and "criminal street |
gang" have the meanings ascribed to those terms in Section 10 |
of the Illinois Streetgang Terrorism Omnibus Prevention Act. |
"Transit employee" means a driver, operator, or employee of |
any transportation facility or system engaged in the business |
of transporting the public for hire. |
"Transit passenger" means a passenger of any |
transportation facility or system engaged in the business of |
transporting the public for hire, including a passenger using |
any area designated by a transportation facility or system as a |
vehicle boarding, departure, or transfer location. |
"Utility worker" means any of the following: |
(1) A person employed by a public utility as defined in |
Section 3-105 of the Public Utilities Act. |
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(2) An employee of a municipally owned utility. |
(3) An employee of a cable television company. |
(4) An employee of an electric cooperative as defined |
in Section 3-119 of the Public Utilities Act. |
(5) An independent contractor or an employee of an |
independent contractor working on behalf of a cable |
television company, public utility, municipally owned |
utility, or electric cooperative. |
(6) An employee of a telecommunications carrier as |
defined in Section 13-202 of the Public Utilities Act, or |
an independent contractor or an employee of an independent |
contractor working on behalf of a telecommunications |
carrier. |
(7) An employee of a telephone or telecommunications |
cooperative as defined in Section 13-212 of the Public |
Utilities Act, or an independent contractor or an employee |
of an independent contractor working on behalf of a |
telephone or telecommunications cooperative.
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(Source: P.A. 99-143, eff. 7-27-15.)
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(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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Sec. 12-2. Aggravated assault.
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(a) Offense based on location of conduct. A person commits |
aggravated assault when he or she commits an assault against an |
individual who is on or about a public way, public property, a |
public place of accommodation or amusement, or a sports venue. |
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(b) Offense based on status of victim. A person commits |
aggravated assault when, in committing an assault, he or she |
knows the individual assaulted to be any of the following: |
(1) A person with a physical disability or a person 60 |
years of age or older and the assault is without legal |
justification. |
(2) A teacher or school employee upon school grounds or |
grounds adjacent to a school or in any part of a building |
used for school purposes. |
(3) A park district employee upon park grounds or |
grounds adjacent to a park or in any part of a building |
used for park purposes. |
(4) A community policing volunteer, private security |
officer, or utility worker: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(4.1) A peace officer, fireman, emergency management |
worker, or emergency medical services personnel |
technician : |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
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or her official duties. |
(5) A correctional officer or probation officer: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(6) A correctional institution employee, a county |
juvenile detention center employee who provides direct and |
continuous supervision of residents of a juvenile |
detention center, including a county juvenile detention |
center employee who supervises recreational activity for |
residents of a juvenile detention center, or a Department |
of Human Services employee, Department of Human Services |
officer, or employee of a subcontractor of the Department |
of Human Services supervising or controlling sexually |
dangerous persons or sexually violent persons: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(7) An employee of the State of Illinois, a municipal |
corporation therein, or a political subdivision thereof, |
performing his or her official duties. |
(8) A transit employee performing his or her official |
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duties, or a transit passenger. |
(9) A sports official or coach actively participating |
in any level of athletic competition within a sports venue, |
on an indoor playing field or outdoor playing field, or |
within the immediate vicinity of such a facility or field. |
(10) A person authorized to serve process under Section |
2-202 of the Code of Civil Procedure or a special process |
server appointed by the circuit court, while that |
individual is in the performance of his or her duties as a |
process server. |
(c) Offense based on use of firearm, device, or motor |
vehicle. A person commits aggravated assault when, in |
committing an assault, he or she does any of the following: |
(1) Uses a deadly weapon, an air rifle as defined in |
Section 24.8-0.1 of this Act, or any device manufactured |
and designed to be substantially similar in appearance to a |
firearm, other than by discharging a firearm. |
(2) Discharges a firearm, other than from a motor |
vehicle. |
(3) Discharges a firearm from a motor vehicle. |
(4) Wears a hood, robe, or mask to conceal his or her |
identity. |
(5) Knowingly and without lawful justification shines |
or flashes a laser gun sight or other laser device attached |
to a firearm, or used in concert with a firearm, so that |
the laser beam strikes near or in the immediate vicinity of |
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any person. |
(6) Uses a firearm, other than by discharging the |
firearm, against a peace officer, community policing |
volunteer, fireman, private security officer, emergency |
management worker, emergency medical services personnel |
technician , employee of a police department, employee of a |
sheriff's department, or traffic control municipal |
employee: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(7) Without justification operates a motor vehicle in a |
manner which places a person, other than a person listed in |
subdivision (b)(4), in reasonable apprehension of being |
struck by the moving motor vehicle. |
(8) Without justification operates a motor vehicle in a |
manner which places a person listed in subdivision (b)(4), |
in reasonable apprehension of being struck by the moving |
motor vehicle. |
(9) Knowingly video or audio records the offense with |
the intent to disseminate the recording. |
(d) Sentence. Aggravated assault as defined in subdivision |
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), |
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that |
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aggravated assault as defined in subdivision (b)(4) and (b)(7) |
is a Class 4 felony if a Category I, Category II, or Category |
III weapon is used in the commission of the assault. Aggravated |
assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), |
(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. |
Aggravated assault as defined in subdivision (c)(3) or (c)(8) |
is a Class 3 felony. |
(e) For the purposes of this Section, "Category I weapon", |
"Category II weapon, and "Category III weapon" have the |
meanings ascribed to those terms in Section 33A-1 of this Code.
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(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, |
eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)
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(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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Sec. 12-3.05. Aggravated battery.
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(a) Offense based on injury. A person commits aggravated |
battery when, in committing a battery, other than by the |
discharge of a firearm, he or she knowingly does any of the |
following: |
(1) Causes great bodily harm or permanent disability or |
disfigurement. |
(2) Causes severe and permanent disability, great |
bodily harm, or disfigurement by means of a caustic or |
flammable substance, a poisonous gas, a deadly biological |
or chemical contaminant or agent, a radioactive substance, |
or a bomb or explosive compound. |
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(3) Causes great bodily harm or permanent disability or |
disfigurement to an individual whom the person knows to be |
a peace officer, community policing volunteer, fireman, |
private security officer, correctional institution |
employee, or Department of Human Services employee |
supervising or controlling sexually dangerous persons or |
sexually violent persons: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(4) Causes great bodily harm or permanent disability or |
disfigurement to an individual 60 years of age or older. |
(5) Strangles another individual. |
(b) Offense based on injury to a child or person with an |
intellectual disability. A person who is at least 18 years of |
age commits aggravated battery when, in committing a battery, |
he or she knowingly and without legal justification by any |
means: |
(1) causes great bodily harm or permanent disability or |
disfigurement to any child under the age of 13 years, or to |
any person with a severe or profound intellectual |
disability; or |
(2) causes bodily harm or disability or disfigurement |
to any child under the age of 13 years or to any person |
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with a severe or profound intellectual disability. |
(c) Offense based on location of conduct. A person commits |
aggravated battery when, in committing a battery, other than by |
the discharge of a firearm, he or she is or the person battered |
is on or about a public way, public property, a public place of |
accommodation or amusement, a sports venue, or a domestic |
violence shelter. |
(d) Offense based on status of victim. A person commits |
aggravated battery when, in committing a battery, other than by |
discharge of a firearm, he or she knows the individual battered |
to be any of the following: |
(1) A person 60 years of age or older. |
(2) A person who is pregnant or has a physical |
disability. |
(3) A teacher or school employee upon school grounds or |
grounds adjacent to a school or in any part of a building |
used for school purposes. |
(4) A peace officer, community policing volunteer, |
fireman, private security officer, correctional |
institution employee, or Department of Human Services |
employee supervising or controlling sexually dangerous |
persons or sexually violent persons: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
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or her official duties. |
(5) A judge, emergency management worker, emergency |
medical services personnel technician , or utility worker: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(6) An officer or employee of the State of Illinois, a |
unit of local government, or a school district, while |
performing his or her official duties. |
(7) A transit employee performing his or her official |
duties, or a transit passenger. |
(8) A taxi driver on duty. |
(9) A merchant who detains the person for an alleged |
commission of retail theft under Section 16-26 of this Code |
and the person without legal justification by any means |
causes bodily harm to the merchant. |
(10) A person authorized to serve process under Section |
2-202 of the Code of Civil Procedure or a special process |
server appointed by the circuit court while that individual |
is in the performance of his or her duties as a process |
server. |
(11) A nurse while in the performance of his or her |
duties as a nurse. |
(e) Offense based on use of a firearm. A person commits |
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aggravated battery when, in committing a battery, he or she |
knowingly does any of the following: |
(1) Discharges a firearm, other than a machine gun or a |
firearm equipped with a silencer, and causes any injury to |
another person. |
(2) Discharges a firearm, other than a machine gun or a |
firearm equipped with a silencer, and causes any injury to |
a person he or she knows to be a peace officer, community |
policing volunteer, person summoned by a police officer, |
fireman, private security officer, correctional |
institution employee, or emergency management worker: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(3) Discharges a firearm, other than a machine gun or a |
firearm equipped with a silencer, and causes any injury to |
a person he or she knows to be an emergency medical |
services personnel technician employed by a municipality |
or other governmental unit : |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
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(4) Discharges a firearm and causes any injury to a |
person he or she knows to be a teacher, a student in a |
school, or a school employee, and the teacher, student, or |
employee is upon school grounds or grounds adjacent to a |
school or in any part of a building used for school |
purposes. |
(5) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to another person. |
(6) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to a person he or she |
knows to be a peace officer, community policing volunteer, |
person summoned by a police officer, fireman, private |
security officer, correctional institution employee or |
emergency management worker: |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(7) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to a person he or she |
knows to be an emergency medical services personnel |
technician employed by a municipality or other |
governmental unit : |
(i) performing his or her official duties; |
(ii) battered to prevent performance of his or her |
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official duties; or |
(iii) battered in retaliation for performing his |
or her official duties. |
(8) Discharges a machine gun or a firearm equipped with |
a silencer, and causes any injury to a person he or she |
knows to be a teacher, or a student in a school, or a |
school employee, and the teacher, student, or employee is |
upon school grounds or grounds adjacent to a school or in |
any part of a building used for school purposes. |
(f) Offense based on use of a weapon or device. A person |
commits aggravated battery when, in committing a battery, he or |
she does any of the following: |
(1) Uses a deadly weapon other than by discharge of a |
firearm, or uses an air rifle as defined in Section |
24.8-0.1 of this Code. |
(2) Wears a hood, robe, or mask to conceal his or her |
identity. |
(3) Knowingly and without lawful justification shines |
or flashes a laser gunsight or other laser device attached |
to a firearm, or used in concert with a firearm, so that |
the laser beam strikes upon or against the person of |
another. |
(4) Knowingly video or audio records the offense with |
the intent to disseminate the recording. |
(g) Offense based on certain conduct. A person commits |
aggravated battery when, other than by discharge of a firearm, |
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he or she does any of the following: |
(1) Violates Section 401 of the Illinois Controlled |
Substances Act by unlawfully delivering a controlled |
substance to another and any user experiences great bodily |
harm or permanent disability as a result of the injection, |
inhalation, or ingestion of any amount of the controlled |
substance. |
(2) Knowingly administers to an individual or causes |
him or her to take, without his or her consent or by threat |
or deception, and for other than medical purposes, any |
intoxicating, poisonous, stupefying, narcotic, anesthetic, |
or controlled substance, or gives to another person any |
food containing any substance or object intended to cause |
physical injury if eaten. |
(3) Knowingly causes or attempts to cause a |
correctional institution employee or Department of Human |
Services employee to come into contact with blood, seminal |
fluid, urine, or feces by throwing, tossing, or expelling |
the fluid or material, and the person is an inmate of a |
penal institution or is a sexually dangerous person or |
sexually violent person in the custody of the Department of |
Human Services. |
(h) Sentence. Unless otherwise provided, aggravated |
battery is a Class 3 felony. |
Aggravated battery as defined in subdivision (a)(4), |
(d)(4), or (g)(3) is a Class 2 felony. |
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Aggravated battery as defined in subdivision (a)(3) or |
(g)(1) is a Class 1 felony. |
Aggravated battery as defined in subdivision (a)(1) is a |
Class 1 felony when the aggravated battery was intentional and |
involved the infliction of torture, as defined in paragraph |
(14) of subsection (b) of Section 9-1 of this Code, as the |
infliction of or subjection to extreme physical pain, motivated |
by an intent to increase or prolong the pain, suffering, or |
agony of the victim. |
Aggravated battery under subdivision (a)(5) is a
Class 1 |
felony if: |
(A) the person used or attempted to use a dangerous
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instrument while committing the offense; or |
(B) the person caused great bodily harm or
permanent |
disability or disfigurement to the other
person while |
committing the offense; or |
(C) the person has been previously convicted of a
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violation of subdivision (a)(5) under the laws of this
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State or laws similar to subdivision (a)(5) of any other
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state. |
Aggravated battery as defined in subdivision (e)(1) is a |
Class X felony. |
Aggravated battery as defined in subdivision (a)(2) is a |
Class X felony for which a person shall be sentenced to a term |
of imprisonment of a minimum of 6 years and a maximum of 45 |
years. |
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Aggravated battery as defined in subdivision (e)(5) is a |
Class X felony for which a person shall be sentenced to a term |
of imprisonment of a minimum of 12 years and a maximum of 45 |
years. |
Aggravated battery as defined in subdivision (e)(2), |
(e)(3), or (e)(4) is a Class X felony for which a person shall |
be sentenced to a term of imprisonment of a minimum of 15 years |
and a maximum of 60 years. |
Aggravated battery as defined in subdivision (e)(6), |
(e)(7), or (e)(8) is a Class X felony for which a person shall |
be sentenced to a term of imprisonment of a minimum of 20 years |
and a maximum of 60 years. |
Aggravated battery as defined in subdivision (b)(1) is a |
Class X felony, except that: |
(1) if the person committed the offense while armed |
with a firearm, 15 years shall be added to the term of |
imprisonment imposed by the court; |
(2) if, during the commission of the offense, the |
person personally discharged a firearm, 20 years shall be |
added to the term of imprisonment imposed by the court; |
(3) if, during the commission of the offense, the |
person personally discharged a firearm that proximately |
caused great bodily harm, permanent disability, permanent |
disfigurement, or death to another person, 25 years or up |
to a term of natural life shall be added to the term of |
imprisonment imposed by the court. |
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(i) Definitions. For the purposes of this Section: |
"Building or other structure used to provide shelter" has |
the meaning ascribed to "shelter" in Section 1 of the Domestic |
Violence Shelters Act. |
"Domestic violence" has the meaning ascribed to it in |
Section 103 of the Illinois Domestic Violence Act of 1986. |
"Domestic violence shelter" means any building or other |
structure used to provide shelter or other services to victims |
or to the dependent children of victims of domestic violence |
pursuant to the Illinois Domestic Violence Act of 1986 or the |
Domestic Violence Shelters Act, or any place within 500 feet of |
such a building or other structure in the case of a person who |
is going to or from such a building or other structure. |
"Firearm" has the meaning provided under Section 1.1
of the |
Firearm Owners Identification Card Act, and does
not include an |
air rifle as defined by Section 24.8-0.1 of this Code. |
"Machine gun" has the meaning ascribed to it in Section |
24-1 of this Code. |
"Merchant" has the meaning ascribed to it in Section 16-0.1 |
of this Code. |
"Strangle" means
intentionally impeding the normal |
breathing or circulation of the blood of an individual by |
applying pressure on the throat
or neck of that individual or |
by blocking the nose or mouth of
that individual.
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(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, |
eff. 7-16-14; 99-143, eff. 7-27-15.)
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(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
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Sec. 24-1.2. Aggravated discharge of a firearm. |
(a) A person commits aggravated discharge of a firearm when |
he or she
knowingly or
intentionally:
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(1) Discharges a firearm at or into a building he or |
she knows or
reasonably
should know to be
occupied and the |
firearm is discharged from a place or position outside
that |
building;
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(2) Discharges a firearm in the direction of another |
person or in the
direction of a vehicle he or she knows or |
reasonably should know to be
occupied by a person;
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(3) Discharges a firearm in the direction of a person |
he or she knows
to be
a peace officer, a community policing |
volunteer, a
correctional institution employee, or a |
fireman while the officer,
volunteer,
employee or fireman |
is engaged in the execution of any of his or her
official
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duties, or to prevent the officer, volunteer, employee or |
fireman from
performing his or her
official duties, or in |
retaliation for the officer, volunteer, employee or
|
fireman
performing his or her official duties;
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(4) Discharges a firearm in the direction of a vehicle |
he or she knows
to be
occupied by a peace officer, a person |
summoned or directed by a peace
officer, a correctional |
institution employee or a fireman while the
officer, |
employee or fireman is engaged in the execution of any of |
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his or
her
official duties, or to prevent the officer, |
employee or fireman from
performing his or her official |
duties, or in retaliation for the officer,
employee or |
fireman performing his or her official duties;
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(5) Discharges a firearm in the direction of a person |
he or she knows
to be
an emergency medical services |
personnel who technician - ambulance, emergency medical
|
technician - intermediate, emergency medical technician - |
paramedic, ambulance
driver, or other medical assistance |
or first aid
personnel, employed by a municipality or other |
governmental unit, while the
emergency medical technician - |
ambulance, emergency medical
technician - intermediate, |
emergency medical technician - paramedic, ambulance
|
driver, or other medical assistance or first aid
personnel |
is engaged in the execution of any of his or her official |
duties,
or to
prevent the
emergency medical services |
personnel technician - ambulance, emergency medical
|
technician - intermediate, emergency medical technician - |
paramedic, ambulance
driver, or other medical assistance |
or
first aid personnel from performing his or her official |
duties, or in
retaliation
for the
emergency medical |
services personnel technician - ambulance, emergency |
medical
technician - intermediate, emergency medical |
technician - paramedic, ambulance
driver, or other medical |
assistance or first
aid personnel performing his or her |
official duties;
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(6) Discharges a firearm in the direction of a vehicle |
he or she knows
to
be occupied by an emergency medical |
services personnel technician - ambulance, emergency |
medical
technician - intermediate, emergency medical |
technician - paramedic,
ambulance
driver, or other medical |
assistance
or first aid personnel, employed by a |
municipality or other governmental
unit, while the
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emergency medical services personnel is technician - |
ambulance, emergency medical
technician - intermediate, |
emergency medical technician - paramedic, ambulance
|
driver, or other medical assistance or
first aid personnel |
is engaged in the execution of any of his or her
official
|
duties, or to prevent the
emergency medical services |
personnel technician - ambulance, emergency medical
|
technician - intermediate, emergency medical technician - |
paramedic, ambulance
driver, or other medical
assistance |
or first aid personnel from performing his or her official
|
duties, or
in retaliation for the
emergency medical |
services personnel technician - ambulance, emergency |
medical
technician - intermediate, emergency medical |
technician - paramedic, ambulance
driver, or other medical
|
assistance or first aid personnel performing his or her |
official duties;
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(7) Discharges a firearm in the direction of a person |
he or she knows to
be a teacher or other person employed in |
any school and the teacher or other
employee is upon the |
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grounds of a school or grounds adjacent to a school, or is
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in any part of a building used for school purposes;
|
(8) Discharges a firearm in the direction of a person |
he or she knows to
be an emergency management worker while |
the emergency management worker is
engaged in the execution |
of any of his or her official duties, or to prevent
the |
emergency management worker from performing his or her |
official duties, or
in retaliation for the emergency |
management worker performing his or her
official duties; or
|
(9) Discharges a firearm in the direction of a vehicle |
he or she knows to
be occupied by an emergency management |
worker while the emergency management
worker is engaged in |
the execution of any of his or her official duties, or to
|
prevent the emergency management worker from performing |
his or her official
duties, or in retaliation for the |
emergency management worker performing his or
her official |
duties.
|
(b) A violation of subsection (a)(1) or subsection (a)(2) |
of this
Section is a Class 1 felony.
A violation of
subsection |
(a)(1) or (a)(2)
of this Section committed in a school, on the |
real property comprising a
school,
within 1,000 feet of the |
real property comprising a school, at a school related
activity |
or on or within 1,000 feet of any conveyance owned, leased, or
|
contracted by a school to transport students to or from school |
or a school
related activity, regardless of the time of day or |
time of year that the
offense was committed is a Class X |
|
felony.
A violation of subsection (a)(3), (a)(4),
(a)(5), |
(a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class
X |
felony for which the
sentence shall be a term of imprisonment |
of no less than 10 years and not more
than 45 years.
|
(c) For purposes of this Section:
|
"Emergency medical services personnel" has the meaning |
specified in Section 3.5 of the Emergency Medical Services |
(EMS) Systems Act and shall include all ambulance crew members, |
including drivers or pilots. |
"School" means a public or private elementary or secondary |
school,
community college, college, or university.
|
"School related activity" means any sporting, social, |
academic, or other
activity for which students' attendance or |
participation is sponsored,
organized, or funded in whole or in |
part by a school or school district.
|
(Source: P.A. 94-243, eff. 1-1-06.)
|
(720 ILCS 5/24-1.2-5)
|
Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a |
firearm equipped with a device designed or used for silencing
|
the report of a firearm.
|
(a) A person commits aggravated discharge of a
machine gun |
or a firearm equipped with a device designed or used for |
silencing
the report of a firearm
when he or she knowingly or
|
intentionally:
|
(1) Discharges a
machine gun or a firearm equipped with |
|
a device designed or used for silencing
the report of a |
firearm
at or into a building he or she knows to be
|
occupied and the
machine gun or the firearm equipped with a |
device designed or used for
silencing
the report of a |
firearm
is discharged from a place or position outside
that |
building;
|
(2) Discharges a
machine gun or a firearm equipped with |
a device designed or used for silencing
the report of a |
firearm
in the direction of another person or in the
|
direction of a vehicle he or she knows to be occupied;
|
(3) Discharges a
machine gun or a firearm equipped with |
a device designed or used for silencing
the report of a |
firearm
in the direction of a person he or she knows to be
|
a peace officer, a person summoned or directed by a peace |
officer, a
correctional institution employee, or a fireman |
while the officer,
employee or fireman is engaged in the |
execution of any of his or her official
duties, or to |
prevent the officer, employee or fireman from performing |
his
or her official duties, or in retaliation for the |
officer, employee or fireman
performing his or her official |
duties;
|
(4) Discharges a
machine gun or a firearm equipped with |
a device designed or used for silencing
the report of a |
firearm
in the direction of a vehicle he or she knows to be
|
occupied by a peace officer, a person summoned or directed |
by a peace
officer, a correctional institution employee or |
|
a fireman while the
officer, employee or fireman is engaged |
in the execution of any of his
or her official duties, or |
to prevent the officer, employee or fireman from
performing |
his or her official duties, or in retaliation for the |
officer,
employee or fireman performing his or her official |
duties;
|
(5) Discharges a
machine gun or a firearm equipped with |
a device designed or used for silencing
the report of a |
firearm
in the direction of a person he or she knows to be
|
an emergency medical services personnel technician - |
ambulance, emergency medical
technician - intermediate, |
emergency medical technician - paramedic, ambulance
|
driver, or other medical assistance or first aid
personnel, |
employed by a municipality or other governmental unit, |
while the
emergency medical services personnel is |
technician - ambulance, emergency medical
technician - |
intermediate, emergency medical technician - paramedic, |
ambulance
driver, or other medical assistance or first aid
|
personnel is engaged in the execution of any of his or her |
official duties, or
to
prevent the
emergency medical |
services personnel technician - ambulance, emergency |
medical
technician - intermediate, emergency medical |
technician - paramedic, ambulance
driver, or other medical |
assistance or
first aid personnel from performing his or |
her official duties, or in
retaliation
for the
emergency |
medical services personnel technician - ambulance, |
|
emergency medical
technician - intermediate, emergency |
medical technician - paramedic, ambulance
driver, or other |
medical assistance or first
aid personnel performing his or |
her official duties;
|
(6) Discharges a
machine gun or a firearm equipped with |
a device designed or used for silencing
the report of a |
firearm
in the direction of a vehicle he or she knows to
be |
occupied by an emergency medical services personnel |
technician - ambulance, emergency medical
technician - |
intermediate, emergency medical technician - paramedic, |
ambulance
driver, or other medical assistance
or first aid |
personnel, employed by a municipality or other |
governmental
unit , while the
emergency medical services |
personnel technician - ambulance, emergency medical
|
technician - intermediate, emergency medical technician - |
paramedic, ambulance
driver, or other medical assistance |
or
first aid personnel is engaged in the execution of any |
of his or her official
duties, or to prevent the
emergency |
medical services personnel technician - ambulance, |
emergency medical
technician - intermediate, emergency |
medical technician - paramedic, ambulance
driver, or other |
medical
assistance or first aid personnel from performing |
his or her official duties,
or
in retaliation for the
|
emergency medical services personnel technician - |
ambulance, emergency medical
technician - intermediate, |
emergency medical technician - paramedic, ambulance
|
|
driver, or other medical
assistance or first aid personnel |
performing his or her official
duties;
|
(7) Discharges a machine gun or a firearm equipped with |
a device
designed or used for silencing the report of a |
firearm in the direction of a
person he or she knows to be |
an emergency management worker while the emergency
|
management worker is engaged in the execution of any of his |
or her official
duties, or to prevent the emergency |
management worker from performing his or
her official |
duties, or in retaliation for the emergency management |
worker
performing his or her official duties; or
|
(8) Discharges a machine gun or a firearm equipped with |
a device designed
or used for silencing the report of a |
firearm in the direction of a vehicle he
or she knows to be |
occupied by an emergency management worker while the
|
emergency management worker is engaged in the execution of |
any of his or her
official duties, or to prevent the |
emergency management worker from performing
his or her |
official duties, or in retaliation for the emergency |
management
worker performing his or her official duties.
|
(b) A violation of subsection (a) (1) or subsection (a) (2) |
of this
Section is a Class X felony. A violation of subsection |
(a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) (8) of this |
Section is a Class X
felony for which the
sentence shall be a |
term of imprisonment of no less than 12 years and no more
than |
50 years.
|
|
(c) For the purpose of this Section : |
"Emergency medical services personnel" has the meaning |
specified in Section 3.5 of the Emergency Medical Services |
(EMS) Systems Act and shall include all ambulance crew |
members, including drivers or pilots. , |
"Machine "machine gun" has the meaning ascribed
to it |
in clause (i) of paragraph (7) of subsection (a) of Section |
24-1 of this
Code.
|
(d) This Section does not apply to a peace officer while |
serving as a member of a tactical response team or special |
operations team. A peace officer may not personally own or |
apply for ownership of a device or attachment of any kind |
designed, used, or intended for use in silencing the report of |
any firearm. These devices shall be owned and maintained by |
lawfully recognized units of government whose duties include |
the investigation of criminal acts.
|
(Source: P.A. 97-676, eff. 6-1-12 .)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|