Public Act 099-0816
SB2947 EnrolledLRB099 19506 RLC 43899 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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:
(720 ILCS 5/12-0.1)
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,
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
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.
(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.
(Source: P.A. 99-143, eff. 7-27-15.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(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.
(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
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
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
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
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.
(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.)
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(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.
(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
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
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
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.
(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
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,
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.
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
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
violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
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.
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.
(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.
(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.)
(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
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:
(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;
(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;
(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
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;
(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
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 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;
(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
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;
(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
grounds of a school or grounds adjacent to a school, or is
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.