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Public Act 099-0816 | ||||
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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: | ||||
(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, |
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.
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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. |
(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.
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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. |
(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.
|