093_HB0568sam001

 










                                     LRB093 05566 RLC 15839 a

 1                     AMENDMENT TO HOUSE BILL 568

 2        AMENDMENT NO.     .  Amend House Bill  568  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section   5.   The  Criminal  Code of 1961 is amended by
 5    changing Section 31-1 as follows:

 6        (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
 7        Sec. 31-1.  Resisting or obstructing a peace officer,  or
 8    correctional  institution  employee,  probation  officer,  or
 9    parole officer.
10        (a)  A  person  who  knowingly  resists  or obstructs the
11    performance by one known to the person to be a peace officer,
12    or correctional institution employee, probation  officer,  or
13    parole  officer  of  any  authorized  act within his official
14    capacity commits a Class A misdemeanor.
15        (a-5)  In addition to any  other  sentence  that  may  be
16    imposed,   a  court  shall  order  any  person  convicted  of
17    resisting  or  obstructing  a  peace  officer,   correctional
18    institution employee, probation officer, or parole officer to
19    be  sentenced  to  a  minimum  of  48  consecutive  hours  of
20    imprisonment  or ordered to perform community service for not
21    less than 100 hours as may be determined by  the  court.  The
22    person shall not be eligible for probation in order to reduce
 
                            -2-      LRB093 05566 RLC 15839 a
 1    the sentence of imprisonment or community service.
 2        (a-7)  A person convicted for a violation of this Section
 3    whose  violation  was  the  proximate cause of an injury to a
 4    peace officer, correctional institution  employee,  probation
 5    officer, or parole officer is guilty of a Class 3 4 felony.
 6        (a-8)  A  person  who,  having  been  given a signal by a
 7    peace officer, correctional institution  employee,  probation
 8    officer,  or  parole  officer that he or she is under arrest,
 9    willfully flees or attempts to elude the officer or  employee
10    is guilty of a Class 4 felony.
11        (b)  For purposes of this Section:,
12        "Correctional  institution  employee"  means  any  person
13    employed  to  supervise and control inmates incarcerated in a
14    penitentiary, State farm, reformatory, prison, jail, house of
15    correction, police detention area, half-way house,  or  other
16    institution  or  place  for  the  incarceration or custody of
17    persons under sentence for  offenses  or  awaiting  trial  or
18    sentence  for  offenses,  under  arrest  for  an  offense,  a
19    violation of probation, a violation of parole, or a violation
20    of  mandatory  supervised release, or awaiting a bail setting
21    hearing or preliminary hearing, or who are sexually dangerous
22    persons or who are sexually violent persons.
23        "Probation officer" has the meaning  ascribed  to  it  in
24    Section 9b of the Probation and Probation Officers Act.
25    (Source: P.A. 92-841, eff. 8-22-02.)".