SB2947 Enrolled LRB099 19506 RLC 43899 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Criminal Code of 2012 is amended by changing
5		Sections 12-0.1, 12-2, 12-3.05, 24-1.2, and 24-1.2-5 as
6		follows:
7		(720 ILCS 5/12-0.1)
8		Sec. 12-0.1. Definitions. In this Article, unless the
9		context clearly requires otherwise:
10		"Bona fide labor dispute" means any controversy concerning
11		wages, salaries, hours, working conditions, or benefits,
12		including health and welfare, sick leave, insurance, and
13		pension or retirement provisions, the making or maintaining of
14		collective bargaining agreements, and the terms to be included
15		in those agreements.
16		"Coach" means a person recognized as a coach by the
17		sanctioning authority that conducts an athletic contest.
18		"Correctional institution employee" means a person
19		employed by a penal institution.
20		"Emergency medical services personnel technician" has the
21		meaning specified in Section 3.5 of the Emergency Medical
22		Services (EMS) Systems Act and shall include all ambulance crew
23		members, including drivers or pilots includes a paramedic,

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1		ambulance driver, first aid worker, hospital worker, or other
2		medical assistance worker.
3		"Family or household members" include spouses, former
4		spouses, parents, children, stepchildren, and other persons
5		related by blood or by present or prior marriage, persons who
6		share or formerly shared a common dwelling, persons who have or
7		allegedly have a child in common, persons who share or
8		allegedly share a blood relationship through a child, persons
9		who have or have had a dating or engagement relationship,
10		persons with disabilities and their personal assistants, and
11		caregivers as defined in Section 12-4.4a of this Code. For
12		purposes of this Article, neither a casual acquaintanceship nor
13		ordinary fraternization between 2 individuals in business or
14		social contexts shall be deemed to constitute a dating
15		relationship.
16		"In the presence of a child" means in the physical presence
17		of a child or knowing or having reason to know that a child is
18		present and may see or hear an act constituting an offense.
19		"Park district employee" means a supervisor, director,
20		instructor, or other person employed by a park district.
21		"Person with a physical disability" means a person who
22		suffers from a permanent and disabling physical
23		characteristic, resulting from disease, injury, functional
24		disorder, or congenital condition.
25		"Private security officer" means a registered employee of a
26		private security contractor agency under the Private

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1		Detective, Private Alarm, Private Security, Fingerprint
2		Vendor, and Locksmith Act of 2004.
3		"Probation officer" means a person as defined in the
4		Probation and Probation Officers Act.
5		"Sports official" means a person at an athletic contest who
6		enforces the rules of the contest, such as an umpire or
7		referee.
8		"Sports venue" means a publicly or privately owned sports
9		or entertainment arena, stadium, community or convention hall,
10		special event center, or amusement facility, or a special event
11		center in a public park, during the 12 hours before or after
12		the sanctioned sporting event.
13		"Streetgang", "streetgang member", and "criminal street
14		gang" have the meanings ascribed to those terms in Section 10
15		of the Illinois Streetgang Terrorism Omnibus Prevention Act.
16		"Transit employee" means a driver, operator, or employee of
17		any transportation facility or system engaged in the business
18		of transporting the public for hire.
19		"Transit passenger" means a passenger of any
20		transportation facility or system engaged in the business of
21		transporting the public for hire, including a passenger using
22		any area designated by a transportation facility or system as a
23		vehicle boarding, departure, or transfer location.
24		"Utility worker" means any of the following:
25		(1) A person employed by a public utility as defined in
26		Section 3-105 of the Public Utilities Act.

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1		(2) An employee of a municipally owned utility.
2		(3) An employee of a cable television company.
3		(4) An employee of an electric cooperative as defined
4		in Section 3-119 of the Public Utilities Act.
5		(5) An independent contractor or an employee of an
6		independent contractor working on behalf of a cable
7		television company, public utility, municipally owned
8		utility, or electric cooperative.
9		(6) An employee of a telecommunications carrier as
10		defined in Section 13-202 of the Public Utilities Act, or
11		an independent contractor or an employee of an independent
12		contractor working on behalf of a telecommunications
13		carrier.
14		(7) An employee of a telephone or telecommunications
15		cooperative as defined in Section 13-212 of the Public
16		Utilities Act, or an independent contractor or an employee
17		of an independent contractor working on behalf of a
18		telephone or telecommunications cooperative.
19		(Source: P.A. 99-143, eff. 7-27-15.)
20		(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
21		Sec. 12-2. Aggravated assault.
22		(a) Offense based on location of conduct. A person commits
23		aggravated assault when he or she commits an assault against an
24		individual who is on or about a public way, public property, a
25		public place of accommodation or amusement, or a sports venue.

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1		(b) Offense based on status of victim. A person commits
2		aggravated assault when, in committing an assault, he or she
3		knows the individual assaulted to be any of the following:
4		(1) A person with a physical disability or a person 60
5		years of age or older and the assault is without legal
6		justification.
7		(2) A teacher or school employee upon school grounds or
8		grounds adjacent to a school or in any part of a building
9		used for school purposes.
10		(3) A park district employee upon park grounds or
11		grounds adjacent to a park or in any part of a building
12		used for park purposes.
13		(4) A community policing volunteer, private security
14		officer, or utility worker:
15		(i) performing his or her official duties;
16		(ii) assaulted to prevent performance of his or her
17		official duties; or
18		(iii) assaulted in retaliation for performing his
19		or her official duties.
20		(4.1) A peace officer, fireman, emergency management
21		worker, or emergency medical services personnel
22		technician:
23		(i) performing his or her official duties;
24		(ii) assaulted to prevent performance of his or her
25		official duties; or
26		(iii) assaulted in retaliation for performing his

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1		or her official duties.
2		(5) A correctional officer or probation officer:
3		(i) performing his or her official duties;
4		(ii) assaulted to prevent performance of his or her
5		official duties; or
6		(iii) assaulted in retaliation for performing his
7		or her official duties.
8		(6) A correctional institution employee, a county
9		juvenile detention center employee who provides direct and
10		continuous supervision of residents of a juvenile
11		detention center, including a county juvenile detention
12		center employee who supervises recreational activity for
13		residents of a juvenile detention center, or a Department
14		of Human Services employee, Department of Human Services
15		officer, or employee of a subcontractor of the Department
16		of Human Services supervising or controlling sexually
17		dangerous persons or sexually violent persons:
18		(i) performing his or her official duties;
19		(ii) assaulted to prevent performance of his or her
20		official duties; or
21		(iii) assaulted in retaliation for performing his
22		or her official duties.
23		(7) An employee of the State of Illinois, a municipal
24		corporation therein, or a political subdivision thereof,
25		performing his or her official duties.
26		(8) A transit employee performing his or her official

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1		duties, or a transit passenger.
2		(9) A sports official or coach actively participating
3		in any level of athletic competition within a sports venue,
4		on an indoor playing field or outdoor playing field, or
5		within the immediate vicinity of such a facility or field.
6		(10) A person authorized to serve process under Section
7		2-202 of the Code of Civil Procedure or a special process
8		server appointed by the circuit court, while that
9		individual is in the performance of his or her duties as a
10		process server.
11		(c) Offense based on use of firearm, device, or motor
12		vehicle. A person commits aggravated assault when, in
13		committing an assault, he or she does any of the following:
14		(1) Uses a deadly weapon, an air rifle as defined in
15		Section 24.8-0.1 of this Act, or any device manufactured
16		and designed to be substantially similar in appearance to a
17		firearm, other than by discharging a firearm.
18		(2) Discharges a firearm, other than from a motor
19		vehicle.
20		(3) Discharges a firearm from a motor vehicle.
21		(4) Wears a hood, robe, or mask to conceal his or her
22		identity.
23		(5) Knowingly and without lawful justification shines
24		or flashes a laser gun sight or other laser device attached
25		to a firearm, or used in concert with a firearm, so that
26		the laser beam strikes near or in the immediate vicinity of

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1		any person.
2		(6) Uses a firearm, other than by discharging the
3		firearm, against a peace officer, community policing
4		volunteer, fireman, private security officer, emergency
5		management worker, emergency medical services personnel
6		technician, employee of a police department, employee of a
7		sheriff's department, or traffic control municipal
8		employee:
9		(i) performing his or her official duties;
10		(ii) assaulted to prevent performance of his or her
11		official duties; or
12		(iii) assaulted in retaliation for performing his
13		or her official duties.
14		(7) Without justification operates a motor vehicle in a
15		manner which places a person, other than a person listed in
16		subdivision (b)(4), in reasonable apprehension of being
17		struck by the moving motor vehicle.
18		(8) Without justification operates a motor vehicle in a
19		manner which places a person listed in subdivision (b)(4),
20		in reasonable apprehension of being struck by the moving
21		motor vehicle.
22		(9) Knowingly video or audio records the offense with
23		the intent to disseminate the recording.
24		(d) Sentence. Aggravated assault as defined in subdivision
25		(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
26		(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that

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1		aggravated assault as defined in subdivision (b)(4) and (b)(7)
2		is a Class 4 felony if a Category I, Category II, or Category
3		III weapon is used in the commission of the assault. Aggravated
4		assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
5		(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
6		Aggravated assault as defined in subdivision (c)(3) or (c)(8)
7		is a Class 3 felony.
8		(e) For the purposes of this Section, "Category I weapon",
9		"Category II weapon, and "Category III weapon" have the
10		meanings ascribed to those terms in Section 33A-1 of this Code.
11		(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
12		eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)
13		(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
14		Sec. 12-3.05. Aggravated battery.
15		(a) Offense based on injury. A person commits aggravated
16		battery when, in committing a battery, other than by the
17		discharge of a firearm, he or she knowingly does any of the
18		following:
19		(1) Causes great bodily harm or permanent disability or
20		disfigurement.
21		(2) Causes severe and permanent disability, great
22		bodily harm, or disfigurement by means of a caustic or
23		flammable substance, a poisonous gas, a deadly biological
24		or chemical contaminant or agent, a radioactive substance,
25		or a bomb or explosive compound.

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1		(3) Causes great bodily harm or permanent disability or
2		disfigurement to an individual whom the person knows to be
3		a peace officer, community policing volunteer, fireman,
4		private security officer, correctional institution
5		employee, or Department of Human Services employee
6		supervising or controlling sexually dangerous persons or
7		sexually violent persons:
8		(i) performing his or her official duties;
9		(ii) battered to prevent performance of his or her
10		official duties; or
11		(iii) battered in retaliation for performing his
12		or her official duties.
13		(4) Causes great bodily harm or permanent disability or
14		disfigurement to an individual 60 years of age or older.
15		(5) Strangles another individual.
16		(b) Offense based on injury to a child or person with an
17		intellectual disability. A person who is at least 18 years of
18		age commits aggravated battery when, in committing a battery,
19		he or she knowingly and without legal justification by any
20		means:
21		(1) causes great bodily harm or permanent disability or
22		disfigurement to any child under the age of 13 years, or to
23		any person with a severe or profound intellectual
24		disability; or
25		(2) causes bodily harm or disability or disfigurement
26		to any child under the age of 13 years or to any person

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1		with a severe or profound intellectual disability.
2		(c) Offense based on location of conduct. A person commits
3		aggravated battery when, in committing a battery, other than by
4		the discharge of a firearm, he or she is or the person battered
5		is on or about a public way, public property, a public place of
6		accommodation or amusement, a sports venue, or a domestic
7		violence shelter.
8		(d) Offense based on status of victim. A person commits
9		aggravated battery when, in committing a battery, other than by
10		discharge of a firearm, he or she knows the individual battered
11		to be any of the following:
12		(1) A person 60 years of age or older.
13		(2) A person who is pregnant or has a physical
14		disability.
15		(3) A teacher or school employee upon school grounds or
16		grounds adjacent to a school or in any part of a building
17		used for school purposes.
18		(4) A peace officer, community policing volunteer,
19		fireman, private security officer, correctional
20		institution employee, or Department of Human Services
21		employee supervising or controlling sexually dangerous
22		persons or sexually violent persons:
23		(i) performing his or her official duties;
24		(ii) battered to prevent performance of his or her
25		official duties; or
26		(iii) battered in retaliation for performing his

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1		or her official duties.
2		(5) A judge, emergency management worker, emergency
3		medical services personnel technician, or utility worker:
4		(i) performing his or her official duties;
5		(ii) battered to prevent performance of his or her
6		official duties; or
7		(iii) battered in retaliation for performing his
8		or her official duties.
9		(6) An officer or employee of the State of Illinois, a
10		unit of local government, or a school district, while
11		performing his or her official duties.
12		(7) A transit employee performing his or her official
13		duties, or a transit passenger.
14		(8) A taxi driver on duty.
15		(9) A merchant who detains the person for an alleged
16		commission of retail theft under Section 16-26 of this Code
17		and the person without legal justification by any means
18		causes bodily harm to the merchant.
19		(10) A person authorized to serve process under Section
20		2-202 of the Code of Civil Procedure or a special process
21		server appointed by the circuit court while that individual
22		is in the performance of his or her duties as a process
23		server.
24		(11) A nurse while in the performance of his or her
25		duties as a nurse.
26		(e) Offense based on use of a firearm. A person commits

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1		aggravated battery when, in committing a battery, he or she
2		knowingly does any of the following:
3		(1) Discharges a firearm, other than a machine gun or a
4		firearm equipped with a silencer, and causes any injury to
5		another person.
6		(2) Discharges a firearm, other than a machine gun or a
7		firearm equipped with a silencer, and causes any injury to
8		a person he or she knows to be a peace officer, community
9		policing volunteer, person summoned by a police officer,
10		fireman, private security officer, correctional
11		institution employee, or emergency management worker:
12		(i) performing his or her official duties;
13		(ii) battered to prevent performance of his or her
14		official duties; or
15		(iii) battered in retaliation for performing his
16		or her official duties.
17		(3) Discharges a firearm, other than a machine gun or a
18		firearm equipped with a silencer, and causes any injury to
19		a person he or she knows to be an emergency medical
20		services personnel technician employed by a municipality
21		or other governmental unit:
22		(i) performing his or her official duties;
23		(ii) battered to prevent performance of his or her
24		official duties; or
25		(iii) battered in retaliation for performing his
26		or her official duties.

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1		(4) Discharges a firearm and causes any injury to a
2		person he or she knows to be a teacher, a student in a
3		school, or a school employee, and the teacher, student, or
4		employee is upon school grounds or grounds adjacent to a
5		school or in any part of a building used for school
6		purposes.
7		(5) Discharges a machine gun or a firearm equipped with
8		a silencer, and causes any injury to another person.
9		(6) Discharges a machine gun or a firearm equipped with
10		a silencer, and causes any injury to a person he or she
11		knows to be a peace officer, community policing volunteer,
12		person summoned by a police officer, fireman, private
13		security officer, correctional institution employee or
14		emergency management worker:
15		(i) performing his or her official duties;
16		(ii) battered to prevent performance of his or her
17		official duties; or
18		(iii) battered in retaliation for performing his
19		or her official duties.
20		(7) Discharges a machine gun or a firearm equipped with
21		a silencer, and causes any injury to a person he or she
22		knows to be an emergency medical services personnel
23		technician employed by a municipality or other
24		governmental unit:
25		(i) performing his or her official duties;
26		(ii) battered to prevent performance of his or her

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1		official duties; or
2		(iii) battered in retaliation for performing his
3		or her official duties.
4		(8) Discharges a machine gun or a firearm equipped with
5		a silencer, and causes any injury to a person he or she
6		knows to be a teacher, or a student in a school, or a
7		school employee, and the teacher, student, or employee is
8		upon school grounds or grounds adjacent to a school or in
9		any part of a building used for school purposes.
10		(f) Offense based on use of a weapon or device. A person
11		commits aggravated battery when, in committing a battery, he or
12		she does any of the following:
13		(1) Uses a deadly weapon other than by discharge of a
14		firearm, or uses an air rifle as defined in Section
15		24.8-0.1 of this Code.
16		(2) Wears a hood, robe, or mask to conceal his or her
17		identity.
18		(3) Knowingly and without lawful justification shines
19		or flashes a laser gunsight or other laser device attached
20		to a firearm, or used in concert with a firearm, so that
21		the laser beam strikes upon or against the person of
22		another.
23		(4) Knowingly video or audio records the offense with
24		the intent to disseminate the recording.
25		(g) Offense based on certain conduct. A person commits
26		aggravated battery when, other than by discharge of a firearm,

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1		he or she does any of the following:
2		(1) Violates Section 401 of the Illinois Controlled
3		Substances Act by unlawfully delivering a controlled
4		substance to another and any user experiences great bodily
5		harm or permanent disability as a result of the injection,
6		inhalation, or ingestion of any amount of the controlled
7		substance.
8		(2) Knowingly administers to an individual or causes
9		him or her to take, without his or her consent or by threat
10		or deception, and for other than medical purposes, any
11		intoxicating, poisonous, stupefying, narcotic, anesthetic,
12		or controlled substance, or gives to another person any
13		food containing any substance or object intended to cause
14		physical injury if eaten.
15		(3) Knowingly causes or attempts to cause a
16		correctional institution employee or Department of Human
17		Services employee to come into contact with blood, seminal
18		fluid, urine, or feces by throwing, tossing, or expelling
19		the fluid or material, and the person is an inmate of a
20		penal institution or is a sexually dangerous person or
21		sexually violent person in the custody of the Department of
22		Human Services.
23		(h) Sentence. Unless otherwise provided, aggravated
24		battery is a Class 3 felony.
25		Aggravated battery as defined in subdivision (a)(4),
26		(d)(4), or (g)(3) is a Class 2 felony.

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1		Aggravated battery as defined in subdivision (a)(3) or
2		(g)(1) is a Class 1 felony.
3		Aggravated battery as defined in subdivision (a)(1) is a
4		Class 1 felony when the aggravated battery was intentional and
5		involved the infliction of torture, as defined in paragraph
6		(14) of subsection (b) of Section 9-1 of this Code, as the
7		infliction of or subjection to extreme physical pain, motivated
8		by an intent to increase or prolong the pain, suffering, or
9		agony of the victim.
10		Aggravated battery under subdivision (a)(5) is a Class 1
11		felony if:
12		(A) the person used or attempted to use a dangerous
13		instrument while committing the offense; or
14		(B) the person caused great bodily harm or permanent
15		disability or disfigurement to the other person while
16		committing the offense; or
17		(C) the person has been previously convicted of a
18		violation of subdivision (a)(5) under the laws of this
19		State or laws similar to subdivision (a)(5) of any other
20		state.
21		Aggravated battery as defined in subdivision (e)(1) is a
22		Class X felony.
23		Aggravated battery as defined in subdivision (a)(2) is a
24		Class X felony for which a person shall be sentenced to a term
25		of imprisonment of a minimum of 6 years and a maximum of 45
26		years.

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1		Aggravated battery as defined in subdivision (e)(5) is a
2		Class X felony for which a person shall be sentenced to a term
3		of imprisonment of a minimum of 12 years and a maximum of 45
4		years.
5		Aggravated battery as defined in subdivision (e)(2),
6		(e)(3), or (e)(4) is a Class X felony for which a person shall
7		be sentenced to a term of imprisonment of a minimum of 15 years
8		and a maximum of 60 years.
9		Aggravated battery as defined in subdivision (e)(6),
10		(e)(7), or (e)(8) is a Class X felony for which a person shall
11		be sentenced to a term of imprisonment of a minimum of 20 years
12		and a maximum of 60 years.
13		Aggravated battery as defined in subdivision (b)(1) is a
14		Class X felony, except that:
15		(1) if the person committed the offense while armed
16		with a firearm, 15 years shall be added to the term of
17		imprisonment imposed by the court;
18		(2) if, during the commission of the offense, the
19		person personally discharged a firearm, 20 years shall be
20		added to the term of imprisonment imposed by the court;
21		(3) if, during the commission of the offense, the
22		person personally discharged a firearm that proximately
23		caused great bodily harm, permanent disability, permanent
24		disfigurement, or death to another person, 25 years or up
25		to a term of natural life shall be added to the term of
26		imprisonment imposed by the court.

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1		(i) Definitions. For the purposes of this Section:
2		"Building or other structure used to provide shelter" has
3		the meaning ascribed to "shelter" in Section 1 of the Domestic
4		Violence Shelters Act.
5		"Domestic violence" has the meaning ascribed to it in
6		Section 103 of the Illinois Domestic Violence Act of 1986.
7		"Domestic violence shelter" means any building or other
8		structure used to provide shelter or other services to victims
9		or to the dependent children of victims of domestic violence
10		pursuant to the Illinois Domestic Violence Act of 1986 or the
11		Domestic Violence Shelters Act, or any place within 500 feet of
12		such a building or other structure in the case of a person who
13		is going to or from such a building or other structure.
14		"Firearm" has the meaning provided under Section 1.1 of the
15		Firearm Owners Identification Card Act, and does not include an
16		air rifle as defined by Section 24.8-0.1 of this Code.
17		"Machine gun" has the meaning ascribed to it in Section
18		24-1 of this Code.
19		"Merchant" has the meaning ascribed to it in Section 16-0.1
20		of this Code.
21		"Strangle" means intentionally impeding the normal
22		breathing or circulation of the blood of an individual by
23		applying pressure on the throat or neck of that individual or
24		by blocking the nose or mouth of that individual.
25		(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
26		eff. 7-16-14; 99-143, eff. 7-27-15.)

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1		(720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
2		Sec. 24-1.2. Aggravated discharge of a firearm.
3		(a) A person commits aggravated discharge of a firearm when
4		he or she knowingly or intentionally:
5		(1) Discharges a firearm at or into a building he or
6		she knows or reasonably should know to be occupied and the
7		firearm is discharged from a place or position outside that
8		building;
9		(2) Discharges a firearm in the direction of another
10		person or in the direction of a vehicle he or she knows or
11		reasonably should know to be occupied by a person;
12		(3) Discharges a firearm in the direction of a person
13		he or she knows to be a peace officer, a community policing
14		volunteer, a correctional institution employee, or a
15		fireman while the officer, volunteer, employee or fireman
16		is engaged in the execution of any of his or her official
17		duties, or to prevent the officer, volunteer, employee or
18		fireman from performing his or her official duties, or in
19		retaliation for the officer, volunteer, employee or
20		fireman performing his or her official duties;
21		(4) Discharges a firearm in the direction of a vehicle
22		he or she knows to be occupied by a peace officer, a person
23		summoned or directed by a peace officer, a correctional
24		institution employee or a fireman while the officer,
25		employee or fireman is engaged in the execution of any of

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1		his or her official duties, or to prevent the officer,
2		employee or fireman from performing his or her official
3		duties, or in retaliation for the officer, employee or
4		fireman performing his or her official duties;
5		(5) Discharges a firearm in the direction of a person
6		he or she knows to be an emergency medical services
7		personnel who technician - ambulance, emergency medical
8		technician - intermediate, emergency medical technician -
9		paramedic, ambulance driver, or other medical assistance
10		or first aid personnel, employed by a municipality or other
11		governmental unit, while the emergency medical technician -
12		ambulance, emergency medical technician - intermediate,
13		emergency medical technician - paramedic, ambulance
14		driver, or other medical assistance or first aid personnel
15		is engaged in the execution of any of his or her official
16		duties, or to prevent the emergency medical services
17		personnel technician - ambulance, emergency medical
18		technician - intermediate, emergency medical technician -
19		paramedic, ambulance driver, or other medical assistance
20		or first aid personnel from performing his or her official
21		duties, or in retaliation for the emergency medical
22		services personnel technician - ambulance, emergency
23		medical technician - intermediate, emergency medical
24		technician - paramedic, ambulance driver, or other medical
25		assistance or first aid personnel performing his or her
26		official duties;

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1		(6) Discharges a firearm in the direction of a vehicle
2		he or she knows to be occupied by an emergency medical
3		services personnel technician - ambulance, emergency
4		medical technician - intermediate, emergency medical
5		technician - paramedic, ambulance driver, or other medical
6		assistance or first aid personnel, employed by a
7		municipality or other governmental unit, while the
8		emergency medical services personnel is technician -
9		ambulance, emergency medical technician - intermediate,
10		emergency medical technician - paramedic, ambulance
11		driver, or other medical assistance or first aid personnel
12		is engaged in the execution of any of his or her official
13		duties, or to prevent the emergency medical services
14		personnel technician - ambulance, emergency medical
15		technician - intermediate, emergency medical technician -
16		paramedic, ambulance driver, or other medical assistance
17		or first aid personnel from performing his or her official
18		duties, or in retaliation for the emergency medical
19		services personnel technician - ambulance, emergency
20		medical technician - intermediate, emergency medical
21		technician - paramedic, ambulance driver, or other medical
22		assistance or first aid personnel performing his or her
23		official duties;
24		(7) Discharges a firearm in the direction of a person
25		he or she knows to be a teacher or other person employed in
26		any school and the teacher or other employee is upon the

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1		grounds of a school or grounds adjacent to a school, or is
2		in any part of a building used for school purposes;
3		(8) Discharges a firearm in the direction of a person
4		he or she knows to be an emergency management worker while
5		the emergency management worker is engaged in the execution
6		of any of his or her official duties, or to prevent the
7		emergency management worker from performing his or her
8		official duties, or in retaliation for the emergency
9		management worker performing his or her official duties; or
10		(9) Discharges a firearm in the direction of a vehicle
11		he or she knows to be occupied by an emergency management
12		worker while the emergency management worker is engaged in
13		the execution of any of his or her official duties, or to
14		prevent the emergency management worker from performing
15		his or her official duties, or in retaliation for the
16		emergency management worker performing his or her official
17		duties.
18		(b) A violation of subsection (a)(1) or subsection (a)(2)
19		of this Section is a Class 1 felony. A violation of subsection
20		(a)(1) or (a)(2) of this Section committed in a school, on the
21		real property comprising a school, within 1,000 feet of the
22		real property comprising a school, at a school related activity
23		or on or within 1,000 feet of any conveyance owned, leased, or
24		contracted by a school to transport students to or from school
25		or a school related activity, regardless of the time of day or
26		time of year that the offense was committed is a Class X

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1		felony. A violation of subsection (a)(3), (a)(4), (a)(5),
2		(a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class X
3		felony for which the sentence shall be a term of imprisonment
4		of no less than 10 years and not more than 45 years.
5		(c) For purposes of this Section:
6		"Emergency medical services personnel" has the meaning
7		specified in Section 3.5 of the Emergency Medical Services
8		(EMS) Systems Act and shall include all ambulance crew members,
9		including drivers or pilots.
10		"School" means a public or private elementary or secondary
11		school, community college, college, or university.
12		"School related activity" means any sporting, social,
13		academic, or other activity for which students' attendance or
14		participation is sponsored, organized, or funded in whole or in
15		part by a school or school district.
16		(Source: P.A. 94-243, eff. 1-1-06.)
17		(720 ILCS 5/24-1.2-5)
18		Sec. 24-1.2-5. Aggravated discharge of a machine gun or a
19		firearm equipped with a device designed or used for silencing
20		the report of a firearm.
21		(a) A person commits aggravated discharge of a machine gun
22		or a firearm equipped with a device designed or used for
23		silencing the report of a firearm when he or she knowingly or
24		intentionally:
25		(1) Discharges a machine gun or a firearm equipped with

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1		a device designed or used for silencing the report of a
2		firearm at or into a building he or she knows to be
3		occupied and the machine gun or the firearm equipped with a
4		device designed or used for silencing the report of a
5		firearm is discharged from a place or position outside that
6		building;
7		(2) Discharges a machine gun or a firearm equipped with
8		a device designed or used for silencing the report of a
9		firearm in the direction of another person or in the
10		direction of a vehicle he or she knows to be occupied;
11		(3) Discharges a machine gun or a firearm equipped with
12		a device designed or used for silencing the report of a
13		firearm in the direction of a person he or she knows to be
14		a peace officer, a person summoned or directed by a peace
15		officer, a correctional institution employee, or a fireman
16		while the officer, employee or fireman is engaged in the
17		execution of any of his or her official duties, or to
18		prevent the officer, employee or fireman from performing
19		his or her official duties, or in retaliation for the
20		officer, employee or fireman performing his or her official
21		duties;
22		(4) Discharges a machine gun or a firearm equipped with
23		a device designed or used for silencing the report of a
24		firearm in the direction of a vehicle he or she knows to be
25		occupied by a peace officer, a person summoned or directed
26		by a peace officer, a correctional institution employee or

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1		a fireman while the officer, employee or fireman is engaged
2		in the execution of any of his or her official duties, or
3		to prevent the officer, employee or fireman from performing
4		his or her official duties, or in retaliation for the
5		officer, employee or fireman performing his or her official
6		duties;
7		(5) Discharges a machine gun or a firearm equipped with
8		a device designed or used for silencing the report of a
9		firearm in the direction of a person he or she knows to be
10		an emergency medical services personnel technician -
11		ambulance, emergency medical technician - intermediate,
12		emergency medical technician - paramedic, ambulance
13		driver, or other medical assistance or first aid personnel,
14		employed by a municipality or other governmental unit,
15		while the emergency medical services personnel is
16		technician - ambulance, emergency medical technician -
17		intermediate, emergency medical technician - paramedic,
18		ambulance driver, or other medical assistance or first aid
19		personnel is engaged in the execution of any of his or her
20		official duties, or to prevent the emergency medical
21		services personnel technician - ambulance, emergency
22		medical technician - intermediate, emergency medical
23		technician - paramedic, ambulance driver, or other medical
24		assistance or first aid personnel from performing his or
25		her official duties, or in retaliation for the emergency
26		medical services personnel technician - ambulance,

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1		emergency medical technician - intermediate, emergency
2		medical technician - paramedic, ambulance driver, or other
3		medical assistance or first aid personnel performing his or
4		her official duties;
5		(6) Discharges a machine gun or a firearm equipped with
6		a device designed or used for silencing the report of a
7		firearm in the direction of a vehicle he or she knows to be
8		occupied by an emergency medical services personnel
9		technician - ambulance, emergency medical technician -
10		intermediate, emergency medical technician - paramedic,
11		ambulance driver, or other medical assistance or first aid
12		personnel, employed by a municipality or other
13		governmental unit, while the emergency medical services
14		personnel technician - ambulance, emergency medical
15		technician - intermediate, emergency medical technician -
16		paramedic, ambulance driver, or other medical assistance
17		or first aid personnel is engaged in the execution of any
18		of his or her official duties, or to prevent the emergency
19		medical services personnel technician - ambulance,
20		emergency medical technician - intermediate, emergency
21		medical technician - paramedic, ambulance driver, or other
22		medical assistance or first aid personnel from performing
23		his or her official duties, or in retaliation for the
24		emergency medical services personnel technician -
25		ambulance, emergency medical technician - intermediate,
26		emergency medical technician - paramedic, ambulance

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1		driver, or other medical assistance or first aid personnel
2		performing his or her official duties;
3		(7) Discharges a machine gun or a firearm equipped with
4		a device designed or used for silencing the report of a
5		firearm in the direction of a person he or she knows to be
6		an emergency management worker while the emergency
7		management worker is engaged in the execution of any of his
8		or her official duties, or to prevent the emergency
9		management worker from performing his or her official
10		duties, or in retaliation for the emergency management
11		worker performing his or her official duties; or
12		(8) Discharges a machine gun or a firearm equipped with
13		a device designed or used for silencing the report of a
14		firearm in the direction of a vehicle he or she knows to be
15		occupied by an emergency management worker while the
16		emergency management worker is engaged in the execution of
17		any of his or her official duties, or to prevent the
18		emergency management worker from performing his or her
19		official duties, or in retaliation for the emergency
20		management worker performing his or her official duties.
21		(b) A violation of subsection (a) (1) or subsection (a) (2)
22		of this Section is a Class X felony. A violation of subsection
23		(a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a) (8) of this
24		Section is a Class X felony for which the sentence shall be a
25		term of imprisonment of no less than 12 years and no more than
26		50 years.

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1		(c) For the purpose of this Section:
2		"Emergency medical services personnel" has the meaning
3		specified in Section 3.5 of the Emergency Medical Services
4		(EMS) Systems Act and shall include all ambulance crew
5		members, including drivers or pilots. ,
6		"Machine "machine gun" has the meaning ascribed to it
7		in clause (i) of paragraph (7) of subsection (a) of Section
8		24-1 of this Code.
9		(d) This Section does not apply to a peace officer while
10		serving as a member of a tactical response team or special
11		operations team. A peace officer may not personally own or
12		apply for ownership of a device or attachment of any kind
13		designed, used, or intended for use in silencing the report of
14		any firearm. These devices shall be owned and maintained by
15		lawfully recognized units of government whose duties include
16		the investigation of criminal acts.
17		(Source: P.A. 97-676, eff. 6-1-12.)
18		Section 99. Effective date. This Act takes effect upon
19		becoming law.