Full Text of SB0190 94th General Assembly
SB0190eng 94TH GENERAL ASSEMBLY
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections
12-2, 12-4, 12-4.2, 12-4.2-5, 24-1.2, and 24-1.2-5 and | 6 |
| adding Sections 2-6.6
and 31-9 as follows:
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| (720 ILCS 5/2-6.6 new)
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| Sec. 2-6.6. Emergency management worker.
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| "Emergency management worker" shall include the following: | 10 |
| (a) any person, paid or unpaid, who is a
member of a | 11 |
| local or county emergency services and disaster agency as | 12 |
| defined
by the Illinois Emergency Management Agency Act, or | 13 |
| who is an employee of the
Illinois Emergency Management | 14 |
| Agency or the Federal Emergency Management
Agency. | 15 |
| (b) any employee or volunteer of the American Red | 16 |
| Cross. | 17 |
| (c) any employee of a federal, state, county or local | 18 |
| government agency assisting an emergency services and | 19 |
| disaster agency, the Illinois Emergency Management Agency, | 20 |
| or the Federal Emergency Management
Agency through mutual | 21 |
| aid or as otherwise requested or directed in time of | 22 |
| disaster or emergency. | 23 |
| (d) any person volunteering or directed to assist an | 24 |
| emergency services and disaster agency, the Illinois | 25 |
| Emergency Management Agency, or the Federal Emergency | 26 |
| Management
Agency.
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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) A person commits an aggravated assault, when, in | 30 |
| committing an
assault, he:
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| (1) Uses a deadly weapon or any device manufactured and |
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| designed to be
substantially similar in appearance to a | 2 |
| firearm, other than by
discharging a firearm in the | 3 |
| direction of another person, a peace
officer, a person | 4 |
| summoned or directed by a peace officer, a correctional
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| officer or a fireman or in the direction of a vehicle | 6 |
| occupied by another
person, a peace officer, a person | 7 |
| summoned or directed by a peace officer,
a correctional | 8 |
| officer or a fireman while the officer or fireman is
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| engaged in the execution of any of his official duties, or | 10 |
| to prevent the
officer or fireman from performing his | 11 |
| official duties, or in retaliation
for the officer or | 12 |
| fireman performing his official duties;
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| (2) Is hooded, robed or masked in such manner as to | 14 |
| conceal his
identity or any device manufactured and | 15 |
| designed to be substantially
similar in appearance to a | 16 |
| firearm;
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| (3) Knows the individual assaulted to be a teacher or | 18 |
| other person
employed in any school and such teacher or | 19 |
| other employee is upon the
grounds of a school or grounds | 20 |
| adjacent thereto, or is in any part of a
building used for | 21 |
| school purposes;
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| (4) Knows the individual assaulted to be a supervisor, | 23 |
| director,
instructor or other person employed in any park | 24 |
| district and such
supervisor, director, instructor or | 25 |
| other employee is upon the grounds of
the park or grounds | 26 |
| adjacent thereto, or is in any part of a building used
for | 27 |
| park purposes;
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| (5) Knows the individual assaulted to be a caseworker, | 29 |
| investigator, or
other person employed by the State | 30 |
| Department of Public Aid, a
County
Department of Public | 31 |
| Aid, or the Department of Human Services (acting as
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| successor to the Illinois Department of Public Aid under | 33 |
| the Department of
Human Services Act) and such caseworker, | 34 |
| investigator, or other person
is upon the grounds of a | 35 |
| public aid office or grounds adjacent thereto, or
is in any | 36 |
| part of a building used for public aid purposes, or upon |
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| the
grounds of a home of a public aid applicant, recipient | 2 |
| or any other person
being interviewed or investigated in | 3 |
| the employees' discharge of his
duties, or on grounds | 4 |
| adjacent thereto, or is in any part of a building in
which | 5 |
| the applicant, recipient, or other such person resides or | 6 |
| is located;
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| (6) Knows the individual assaulted to be a peace | 8 |
| officer, or a community
policing volunteer, or a fireman
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| while the officer or fireman is engaged in the execution of | 10 |
| any of his
official duties, or to prevent the officer, | 11 |
| community policing volunteer,
or fireman from performing
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| his official duties, or in retaliation for the officer, | 13 |
| community policing
volunteer, or fireman
performing his | 14 |
| official duties, and the assault is committed other than by
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| the discharge of a firearm in the direction of the officer | 16 |
| or fireman or
in the direction of a vehicle occupied by the | 17 |
| officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 19 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 21 |
| paramedic, ambulance
driver or other medical
assistance or | 22 |
| first aid personnel engaged in the
execution of any of his | 23 |
| official duties, or to prevent the
emergency medical | 24 |
| technician - ambulance, emergency medical
technician - | 25 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid | 27 |
| personnel from
performing his official duties, or in | 28 |
| retaliation for the
emergency medical technician - | 29 |
| ambulance, emergency medical
technician - intermediate, | 30 |
| emergency medical technician - paramedic,
ambulance | 31 |
| driver, or other medical assistance or first aid personnel
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| performing his official duties;
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| (8) Knows the individual assaulted to be the driver, | 34 |
| operator, employee
or passenger of any transportation | 35 |
| facility or system engaged in the
business of | 36 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 2 |
| such public
transportation as a passenger or using any area | 3 |
| of any description
designated by the transportation | 4 |
| facility or system as a vehicle boarding,
departure, or | 5 |
| transfer location;
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| (9) Or the individual assaulted is on or about a public | 7 |
| way, public
property, or public place of accommodation or | 8 |
| amusement;
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| (10) Knows the individual assaulted to be an employee | 10 |
| of the State of
Illinois, a municipal corporation therein | 11 |
| or a political subdivision
thereof, engaged in the | 12 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 14 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 16 |
| commits an assault on a
person 60 years of age or older;
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| (13) Discharges a firearm;
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| (14) Knows the individual assaulted to be a | 19 |
| correctional officer, while
the officer is engaged in the | 20 |
| execution of any of his or her official duties,
or to | 21 |
| prevent the officer from performing his or her official | 22 |
| duties, or in
retaliation for the officer performing his or | 23 |
| her official duties;
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| (15) Knows the individual assaulted to be a | 25 |
| correctional employee or
an employee of the Department of | 26 |
| Human Services supervising or controlling
sexually | 27 |
| dangerous persons or sexually violent persons, while
the | 28 |
| employee is engaged in the execution of any of his or her | 29 |
| official duties,
or to prevent the employee from performing | 30 |
| his or her official duties, or in
retaliation for the | 31 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 33 |
| firearm in the direction
of the employee or in the | 34 |
| direction of a vehicle occupied by the employee;
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| (16) Knows the individual assaulted to be an employee | 36 |
| of a police or
sheriff's department engaged in the |
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| performance of his or her official duties
as such employee; | 2 |
| or
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| (17) Knows the individual assaulted to be a sports | 4 |
| official or coach at any level of competition and the act | 5 |
| causing the assault to the sports official or coach | 6 |
| occurred within an athletic facility or an indoor or | 7 |
| outdoor playing field or within the immediate vicinity of | 8 |
| the athletic facility or an indoor or outdoor playing field | 9 |
| at which the sports official or coach was an active | 10 |
| participant in the athletic contest held at the athletic | 11 |
| facility. For the purposes of this paragraph (17), "sports | 12 |
| official" means a person at an athletic contest who | 13 |
| enforces the rules of the contest, such as an umpire or | 14 |
| referee; and "coach" means a person recognized as a coach | 15 |
| by the sanctioning authority that conducted the athletic | 16 |
| contest.
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| (18) Knows the individual assaulted to be an emergency | 18 |
| management
worker, while the emergency management worker | 19 |
| is engaged in the execution of
any of his or her official | 20 |
| duties,
or to prevent the emergency management worker from | 21 |
| performing his or her
official duties, or in retaliation | 22 |
| for the emergency management worker
performing his or her | 23 |
| official duties, and the assault is committed other than
by | 24 |
| the discharge of a firearm in the direction of the | 25 |
| emergency management
worker or in the direction of a | 26 |
| vehicle occupied by the emergency management
worker.
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| (a-5) A person commits an aggravated assault when he or she | 28 |
| knowingly and
without lawful justification shines or flashes a | 29 |
| laser gunsight or other laser
device that is attached or | 30 |
| affixed to a firearm, or used in concert with a
firearm, so | 31 |
| that the laser beam strikes near or in the immediate vicinity | 32 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 35 |
| and (8) through
(12) and (17) of subsection (a) of this Section | 36 |
| is a Class A misdemeanor. Aggravated
assault as defined in |
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| paragraphs (13), (14), and (15) of subsection (a) of this
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| Section and as defined in subsection (a-5) of this Section is a | 3 |
| Class 4
felony. Aggravated assault as defined in paragraphs
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| (6), (7), and (16) , and (18) of
subsection (a) of this Section | 5 |
| is a Class A misdemeanor if a firearm is not
used in the | 6 |
| commission of the assault. Aggravated assault as defined in
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| paragraphs (6), (7), and (16) , and (18) of subsection (a) of | 8 |
| this
Section is a Class 4 felony if a firearm is used in the | 9 |
| commission of the
assault.
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| (Source: P.A. 92-841, eff. 8-22-02; 92-865, eff. 1-3-03; | 11 |
| 93-692, eff. 1-1-05.)
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| (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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| Sec. 12-4. Aggravated Battery.
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| (a) A person who, in committing a battery, intentionally or | 15 |
| knowingly
causes great bodily harm, or permanent disability or | 16 |
| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated | 18 |
| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of | 20 |
| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to | 22 |
| conceal his
identity;
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| (3) Knows the individual harmed to be a teacher or | 24 |
| other person
employed in any school and such teacher or | 25 |
| other employee is upon the
grounds of a school or grounds | 26 |
| adjacent thereto, or is in any part of a
building used for | 27 |
| school purposes;
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| (4) Knows the individual harmed to be a supervisor, | 29 |
| director,
instructor or other person employed in any park | 30 |
| district and such
supervisor, director, instructor or | 31 |
| other employee is upon the grounds
of the park or grounds | 32 |
| adjacent thereto, or is in any part of a building
used for | 33 |
| park purposes;
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| (5) Knows the individual harmed to be a caseworker, | 35 |
| investigator, or
other person employed by the State |
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| Department of Public Aid, a County
Department of Public | 2 |
| Aid, or the Department of Human Services (acting as
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| successor to the Illinois Department of Public Aid under | 4 |
| the Department of
Human Services Act) and such caseworker, | 5 |
| investigator, or other
person is upon the grounds of a | 6 |
| public aid office or grounds adjacent
thereto, or is in any | 7 |
| part of a building used for public aid purposes,
or upon | 8 |
| the grounds of a home of a public aid applicant, recipient, | 9 |
| or
any other person being interviewed or investigated in | 10 |
| the employee's
discharge of his duties, or on grounds | 11 |
| adjacent thereto, or is in any
part of a building in which | 12 |
| the applicant, recipient, or other such
person resides or | 13 |
| is located;
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| (6) Knows the individual harmed to be a peace officer, | 15 |
| a community
policing volunteer, a correctional institution | 16 |
| employee, an employee
of the Department of Human Services | 17 |
| supervising or controlling sexually
dangerous persons or | 18 |
| sexually violent persons, or a fireman while
such officer, | 19 |
| volunteer, employee or fireman is engaged in the execution | 20 |
| of
any official duties including arrest or attempted | 21 |
| arrest, or to prevent the
officer, volunteer, employee or | 22 |
| fireman from performing official duties, or in
retaliation | 23 |
| for the officer, volunteer, employee or fireman performing | 24 |
| official
duties, and the battery is committed other than by | 25 |
| the discharge of a firearm;
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| (7) Knows the individual harmed to be an emergency | 27 |
| medical technician -
ambulance, emergency medical | 28 |
| technician - intermediate, emergency medical
technician - | 29 |
| paramedic, ambulance driver, other medical assistance, | 30 |
| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to | 32 |
| prevent the emergency medical technician - ambulance, | 33 |
| emergency medical
technician - intermediate, emergency | 34 |
| medical technician - paramedic, ambulance
driver, other | 35 |
| medical assistance, first aid personnel, or
hospital | 36 |
| personnel from performing
official duties, or in |
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| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public | 3 |
| way, public
property or public place of accommodation or | 4 |
| amusement;
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| (9) Knows the individual harmed to be the driver, | 6 |
| operator, employee
or passenger of any transportation | 7 |
| facility or system engaged in the
business of | 8 |
| transportation of the public for hire and the individual
| 9 |
| assaulted is then performing in such capacity or then using | 10 |
| such public
transportation as a passenger or using any area | 11 |
| of any description
designated by the transportation | 12 |
| facility or system as a vehicle
boarding, departure, or | 13 |
| transfer location;
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| (10) Knowingly and without legal justification and by | 15 |
| any means
causes bodily harm to an individual of 60 years | 16 |
| of age or older;
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| (11) Knows the individual harmed is pregnant;
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| (12) Knows the individual harmed to be a judge whom the
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| person intended to harm as a result of the judge's | 20 |
| performance of his or
her official duties as a judge;
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| (13) Knows the individual harmed to be an employee of | 22 |
| the Illinois
Department of Children and Family Services | 23 |
| engaged in the performance of
his authorized duties as such | 24 |
| employee;
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| (14) Knows the individual harmed to be a person who is | 26 |
| physically
handicapped;
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| (15) Knowingly and without legal justification and by | 28 |
| any means causes
bodily harm to a merchant who detains the | 29 |
| person for an alleged commission of
retail theft under | 30 |
| Section 16A-5 of this Code.
In this item (15), "merchant" | 31 |
| has the meaning ascribed to it in Section
16A-2.4 of this | 32 |
| Code;
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| (16) Is, or the person battered is, in any building or | 34 |
| other structure
used to provide shelter or other services | 35 |
| to victims or to the dependent
children of victims of | 36 |
| domestic violence pursuant to the Illinois Domestic
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| Violence Act of 1986 or the Domestic Violence Shelters Act, | 2 |
| or the person
battered is within 500 feet of such a | 3 |
| building or other structure while going
to or from such a | 4 |
| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois | 6 |
| Domestic Violence Act of
1986. "Building or other structure | 7 |
| used to provide shelter" has the meaning
ascribed to | 8 |
| "shelter" in Section 1 of the Domestic Violence Shelters | 9 |
| Act; or
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| (17) Knows the individual harmed to be an employee of a | 11 |
| police or
sheriff's department engaged in the performance | 12 |
| of his or her official duties
as such employee. | 13 |
| (18) Knows the individual harmed to be an emergency | 14 |
| management worker
engaged in the performance of any of his | 15 |
| or her official duties, or to prevent
the emergency | 16 |
| management worker from performing official duties, or in
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| retaliation for the emergency management worker performing | 18 |
| official duties.
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| For the purpose of paragraph (14) of subsection (b) of this | 20 |
| Section, a
physically handicapped person is a person who | 21 |
| suffers from a permanent and
disabling physical | 22 |
| characteristic, resulting from disease, injury,
functional | 23 |
| disorder or congenital condition.
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| (c) A person who administers to an individual or causes him | 25 |
| to take,
without his consent or by threat or deception, and for | 26 |
| other than
medical purposes, any intoxicating, poisonous, | 27 |
| stupefying, narcotic,
anesthetic, or controlled substance | 28 |
| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food | 30 |
| that
contains any substance or object that is intended to cause | 31 |
| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she | 33 |
| knowingly and
without lawful justification shines or flashes a | 34 |
| laser gunsight or other laser
device that is attached or | 35 |
| affixed to a firearm, or used in concert with a
firearm, so | 36 |
| that the laser beam strikes upon or against the person of |
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LRB094 04313 RSP 34342 b |
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| another.
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| (d-5) An inmate of a penal institution or a sexually | 3 |
| dangerous person or a
sexually violent person in the custody of | 4 |
| the Department of Human Services
who causes or attempts to | 5 |
| cause a
correctional employee of the penal institution or an | 6 |
| employee of the
Department of Human Services to come into | 7 |
| contact with blood,
seminal fluid, urine, or feces, by | 8 |
| throwing, tossing, or expelling that fluid
or material commits | 9 |
| aggravated battery. For purposes of this subsection (d-5),
| 10 |
| "correctional employee" means a person who is employed by a | 11 |
| penal institution.
| 12 |
| (e) Sentence.
| 13 |
| Aggravated battery is a Class 3 felony, except a violation | 14 |
| of subsection (a)
is a Class 2 felony when the person knows the | 15 |
| individual harmed to be a peace
officer engaged in the | 16 |
| execution of any of his or her official duties, or the
battery | 17 |
| is to prevent the officer from performing his or her official | 18 |
| duties,
or in retaliation for the officer performing his or her | 19 |
| official duties.
| 20 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-516, eff. 1-1-02; 92-841, | 21 |
| eff.
8-22-02; 92-865, eff. 1-3-03; 93-83, eff. 7-2-03.)
| 22 |
| (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
| 23 |
| Sec. 12-4.2. Aggravated Battery with a firearm.
| 24 |
| (a) A person commits aggravated battery with a firearm when | 25 |
| he, in
committing a battery, knowingly or intentionally by | 26 |
| means of the discharging of
a firearm (1) causes any injury to | 27 |
| another person, or (2) causes any
injury to a person he knows | 28 |
| to be a peace officer, a community policing
volunteer, a | 29 |
| correctional institution employee or a fireman while the
| 30 |
| officer, volunteer, employee or fireman is engaged in the | 31 |
| execution of any
of his
official duties, or to prevent the | 32 |
| officer, volunteer, employee or fireman
from
performing his | 33 |
| official duties, or in retaliation for the officer,
volunteer, | 34 |
| employee or fireman performing his official duties, or (3)
| 35 |
| causes any
injury to a person he knows to be an emergency |
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SB0190 Engrossed |
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LRB094 04313 RSP 34342 b |
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| medical technician - ambulance,
emergency medical technician - | 2 |
| intermediate, emergency medical technician -
paramedic, | 3 |
| ambulance driver, or other medical assistance or first aid
| 4 |
| personnel, employed by a municipality or other governmental | 5 |
| unit, while the
emergency medical technician - ambulance, | 6 |
| emergency medical technician -
intermediate, emergency medical | 7 |
| technician - paramedic, ambulance driver, or
other medical | 8 |
| assistance or first aid personnel is engaged in the execution | 9 |
| of
any of his official duties, or to prevent the emergency | 10 |
| medical technician -
ambulance, emergency medical technician - | 11 |
| intermediate, emergency medical
technician - paramedic, | 12 |
| ambulance driver, or other medical assistance or first
aid | 13 |
| personnel from performing his official duties, or in | 14 |
| retaliation for the
emergency medical technician - ambulance, | 15 |
| emergency medical technician -
intermediate, emergency medical | 16 |
| technician - paramedic, ambulance driver, or
other medical | 17 |
| assistance or first aid personnel performing his official
| 18 |
| duties, or (4) causes any injury to a person he or she knows to | 19 |
| be a
teacher
or other person employed in a school and the | 20 |
| teacher or other employee is upon
grounds of a school or | 21 |
| grounds adjacent to a school, or is in any part of a
building | 22 |
| used for school purposes , or (5) causes any injury to a person | 23 |
| he or
she knows to be an emergency
management worker while the | 24 |
| emergency management worker is engaged in the
execution of any | 25 |
| of his or her official duties, or to prevent the emergency
| 26 |
| management worker from performing his or her official
duties, | 27 |
| or in retaliation for the emergency management worker | 28 |
| performing his or
her official duties .
| 29 |
| (b) A violation of subsection (a)(1) of this Section is a | 30 |
| Class X felony.
A violation of subsection (a)(2), subsection | 31 |
| (a)(3), or
subsection (a)(4) , or subsection (a)(5) of this | 32 |
| Section is a
Class X felony for which the sentence shall be a | 33 |
| term of imprisonment of no
less than 15 years and no more than | 34 |
| 60 years.
| 35 |
| (c) For purposes of this Section, "firearm" is defined as | 36 |
| in "An Act
relating to the acquisition, possession and transfer |
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| of firearms and
firearm ammunition, to provide a penalty for | 2 |
| the violation thereof and to
make an appropriation in | 3 |
| connection therewith", approved August 1, 1967, as
amended.
| 4 |
| (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00; 91-696, | 5 |
| eff.
4-13-00.)
| 6 |
| (720 ILCS 5/12-4.2-5)
| 7 |
| Sec. 12-4.2-5. Aggravated battery with a machine gun or a | 8 |
| firearm equipped
with any device or attachment designed or used | 9 |
| for silencing the report of a
firearm.
| 10 |
| (a) A person commits aggravated battery with a
machine gun | 11 |
| or a firearm equipped with a device designed or used for | 12 |
| silencing
the report of a firearm
when he or she, in
committing | 13 |
| a battery, knowingly or intentionally by means of the | 14 |
| discharging of
a
machine gun or a firearm equipped with a | 15 |
| device designed or used for silencing
the report of a firearm
| 16 |
| (1) causes any injury to another person, or (2) causes any
| 17 |
| injury to a person he or she knows to be a peace officer, a | 18 |
| person summoned by
a
peace officer, a correctional institution | 19 |
| employee or a fireman while the
officer, employee or fireman is | 20 |
| engaged in the execution of any of his
or her official duties, | 21 |
| or to prevent the officer, employee or fireman from
performing | 22 |
| his or her official duties, or in retaliation for the officer,
| 23 |
| employee or fireman performing his or her official duties, or | 24 |
| (3) causes
any
injury to a person he or she knows to be an | 25 |
| emergency medical technician -
ambulance,
emergency medical | 26 |
| technician - intermediate, emergency medical technician -
| 27 |
| paramedic, ambulance driver, or other medical assistance or | 28 |
| first aid
personnel, employed by a municipality or other | 29 |
| governmental unit, while the
emergency medical technician - | 30 |
| ambulance, emergency medical technician -
intermediate, | 31 |
| emergency medical technician - paramedic, ambulance driver, or
| 32 |
| other medical assistance or first aid personnel is engaged in | 33 |
| the execution of
any of his or her official duties, or to | 34 |
| prevent the emergency medical
technician - ambulance, | 35 |
| emergency medical technician - intermediate, emergency
medical
|
|
|
|
SB0190 Engrossed |
- 13 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| technician - paramedic, ambulance driver, or other medical | 2 |
| assistance or first
aid personnel from performing his or her | 3 |
| official duties, or in retaliation for
the
emergency medical | 4 |
| technician - ambulance, emergency medical technician -
| 5 |
| intermediate, emergency medical technician - paramedic, | 6 |
| ambulance driver, or
other medical assistance or first aid | 7 |
| personnel performing his or her official
duties , or (4) causes | 8 |
| any injury to a person he or she knows to be an
emergency | 9 |
| management worker
while the emergency management worker is | 10 |
| engaged in the execution of any of his
or her official duties, | 11 |
| or to prevent the emergency management worker from
performing | 12 |
| his or her official duties, or in retaliation for the emergency
| 13 |
| management worker performing his or her official duties .
| 14 |
| (b) A violation of subsection (a) (1) of this Section is a | 15 |
| Class X felony
for which the person shall be sentenced to a | 16 |
| term of imprisonment of no less
than 12 years and no more than | 17 |
| 45 years.
A violation of subsection (a) (2) ,
or subsection (a) | 18 |
| (3) , or
subsection (a) (4) of this Section is a
Class X felony | 19 |
| for which the sentence shall be a term of imprisonment of no
| 20 |
| less than 20 years and no more than 60 years.
| 21 |
| (c) For purposes of this Section, "firearm" is defined as | 22 |
| in the Firearm
Owners Identification Card Act.
| 23 |
| (d) For purposes of this Section, "machine gun" has the | 24 |
| meaning ascribed to
it in clause (i) of paragraph (7) of | 25 |
| subsection (a) of Section 24-1 of this
Code.
| 26 |
| (Source: P.A. 91-121, eff. 7-15-99.)
| 27 |
| (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
| 28 |
| Sec. 24-1.2. Aggravated discharge of a firearm.
| 29 |
| (a) A person commits aggravated discharge of a firearm when | 30 |
| he or she
knowingly or
intentionally:
| 31 |
| (1) Discharges a firearm at or into a building he or | 32 |
| she knows or
reasonably
should know to be
occupied and the | 33 |
| firearm is discharged from a place or position outside
that | 34 |
| building;
| 35 |
| (2) Discharges a firearm in the direction of another |
|
|
|
SB0190 Engrossed |
- 14 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| person or in the
direction of a vehicle he or she knows or | 2 |
| reasonably should know to be
occupied by a person;
| 3 |
| (3) Discharges a firearm in the direction of a person | 4 |
| he or she knows
to be
a peace officer, a community policing | 5 |
| volunteer, a
correctional institution employee, or a | 6 |
| fireman while the officer,
volunteer,
employee or fireman | 7 |
| is engaged in the execution of any of his or her
official
| 8 |
| duties, or to prevent the officer, volunteer, employee or | 9 |
| fireman from
performing his or her
official duties, or in | 10 |
| retaliation for the officer, volunteer, employee or
| 11 |
| fireman
performing his or her official duties;
| 12 |
| (4) Discharges a firearm in the direction of a vehicle | 13 |
| he or she knows
to be
occupied by a peace officer, a person | 14 |
| summoned or directed by a peace
officer, a correctional | 15 |
| institution employee or a fireman while the
officer, | 16 |
| employee or fireman is engaged in the execution of any of | 17 |
| his or
her
official duties, or to prevent the officer, | 18 |
| employee or fireman from
performing his or her official | 19 |
| duties, or in retaliation for the officer,
employee or | 20 |
| fireman performing his or her official duties;
| 21 |
| (5) Discharges a firearm in the direction of a person | 22 |
| he or she knows
to be
an emergency medical technician - | 23 |
| ambulance, emergency medical
technician - intermediate, | 24 |
| emergency medical technician - paramedic, ambulance
| 25 |
| driver, or other medical assistance or first aid
personnel, | 26 |
| employed by a municipality or other governmental unit, | 27 |
| while the
emergency medical technician - ambulance, | 28 |
| emergency medical
technician - intermediate, emergency | 29 |
| medical technician - paramedic, ambulance
driver, or other | 30 |
| medical assistance or first aid
personnel is engaged in the | 31 |
| execution of any of his or her official duties,
or to
| 32 |
| prevent the
emergency medical technician - ambulance, | 33 |
| emergency medical
technician - intermediate, emergency | 34 |
| medical technician - paramedic, ambulance
driver, or other | 35 |
| medical assistance or
first aid personnel from performing | 36 |
| his or her official duties, or in
retaliation
for the
|
|
|
|
SB0190 Engrossed |
- 15 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| emergency medical technician - ambulance, emergency | 2 |
| medical
technician - intermediate, emergency medical | 3 |
| technician - paramedic, ambulance
driver, or other medical | 4 |
| assistance or first
aid personnel performing his or her | 5 |
| official duties;
| 6 |
| (6) Discharges a firearm in the direction of a vehicle | 7 |
| he or she knows
to
be occupied by an emergency medical | 8 |
| technician - ambulance, emergency medical
technician - | 9 |
| intermediate, emergency medical technician - paramedic,
| 10 |
| ambulance
driver, or other medical assistance
or first aid | 11 |
| personnel, employed by a municipality or other | 12 |
| governmental
unit, while the
emergency medical technician - | 13 |
| ambulance, emergency medical
technician - intermediate, | 14 |
| emergency medical technician - paramedic, ambulance
| 15 |
| driver, or other medical assistance or
first aid personnel | 16 |
| is engaged in the execution of any of his or her
official
| 17 |
| duties, or to prevent the
emergency medical technician - | 18 |
| ambulance, emergency medical
technician - intermediate, | 19 |
| emergency medical technician - paramedic, ambulance
| 20 |
| driver, or other medical
assistance or first aid personnel | 21 |
| from performing his or her official
duties, or
in | 22 |
| retaliation for the
emergency medical technician - | 23 |
| ambulance, emergency medical
technician - intermediate, | 24 |
| emergency medical technician - paramedic, ambulance
| 25 |
| driver, or other medical
assistance or first aid personnel | 26 |
| performing his or her official duties; or
| 27 |
| (7) Discharges a firearm in the direction of a person | 28 |
| he or she knows to
be a teacher or other person employed in | 29 |
| any school and the teacher or other
employee is upon the | 30 |
| grounds of a school or grounds adjacent to a school, or is
| 31 |
| in any part of a building used for school purposes ; .
| 32 |
| (8) Discharges a firearm in the direction of a person | 33 |
| he or she knows to
be an emergency management worker while | 34 |
| the emergency management worker is
engaged in the execution | 35 |
| of any of his or her official duties, or to prevent
the | 36 |
| emergency management worker from performing his or her |
|
|
|
SB0190 Engrossed |
- 16 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| official duties, or
in retaliation for the emergency | 2 |
| management worker performing his or her
official duties; or
| 3 |
| (9) Discharges a firearm in the direction of a vehicle | 4 |
| he or she knows to
be occupied by an emergency management | 5 |
| worker while the emergency management
worker is engaged in | 6 |
| the execution of any of his or her official duties, or to
| 7 |
| prevent the emergency management worker from performing | 8 |
| his or her official
duties, or in retaliation for the | 9 |
| emergency management worker performing his or
her official | 10 |
| duties.
| 11 |
| (b) A violation of subsection (a)(1) or subsection (a)(2) | 12 |
| of this
Section is a Class 1 felony.
A violation of
subsection | 13 |
| (a)(1) or (a)(2)
of this Section committed in a school, on the | 14 |
| real property comprising a
school,
within 1,000 feet of the | 15 |
| real property comprising a school, at a school related
activity | 16 |
| or on or within 1,000 feet of any conveyance owned, leased, or
| 17 |
| contracted by a school to transport students to or from school | 18 |
| or a school
related activity, regardless of the time of day or | 19 |
| time of year that the
offense was committed is a Class X | 20 |
| felony.
A violation of subsection (a)(3), (a)(4),
(a)(5), | 21 |
| (a)(6), or (a)(7) , (a)(8), or (a)(9) of this Section is a Class
| 22 |
| X felony for which the
sentence shall be a term of imprisonment | 23 |
| of no less than 10 years and not more
than 45 years.
| 24 |
| (c) For purposes of this Section:
| 25 |
| "School" means a public or private elementary or secondary | 26 |
| school,
community college, college, or university.
| 27 |
| "School related activity" means any sporting, social, | 28 |
| academic, or other
activity for which students' attendance or | 29 |
| participation is sponsored,
organized, or funded in whole or in | 30 |
| part by a school or school district.
| 31 |
| (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00; 91-357, | 32 |
| eff. 7-29-99;
91-434, eff. 1-1-00; 91-696, eff. 4-13-00.)
| 33 |
| (720 ILCS 5/24-1.2-5)
| 34 |
| Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a | 35 |
| firearm equipped with a device designed or used for silencing
|
|
|
|
SB0190 Engrossed |
- 17 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| the report of a firearm.
| 2 |
| (a) A person commits aggravated discharge of a
machine gun | 3 |
| or a firearm equipped with a device designed or used for | 4 |
| silencing
the report of a firearm
when he or she knowingly or
| 5 |
| intentionally:
| 6 |
| (1) Discharges a
machine gun or a firearm equipped with | 7 |
| a device designed or used for silencing
the report of a | 8 |
| firearm
at or into a building he or she knows to be
| 9 |
| occupied and the
machine gun or the firearm equipped with a | 10 |
| device designed or used for
silencing
the report of a | 11 |
| firearm
is discharged from a place or position outside
that | 12 |
| building;
| 13 |
| (2) Discharges a
machine gun or a firearm equipped with | 14 |
| a device designed or used for silencing
the report of a | 15 |
| firearm
in the direction of another person or in the
| 16 |
| direction of a vehicle he or she knows to be occupied;
| 17 |
| (3) Discharges a
machine gun or a firearm equipped with | 18 |
| a device designed or used for silencing
the report of a | 19 |
| firearm
in the direction of a person he or she knows to be
| 20 |
| a peace officer, a person summoned or directed by a peace | 21 |
| officer, a
correctional institution employee, or a fireman | 22 |
| while the officer,
employee or fireman is engaged in the | 23 |
| execution of any of his or her official
duties, or to | 24 |
| prevent the officer, employee or fireman from performing | 25 |
| his
or her official duties, or in retaliation for the | 26 |
| officer, employee or fireman
performing his or her official | 27 |
| duties;
| 28 |
| (4) Discharges a
machine gun or a firearm equipped with | 29 |
| a device designed or used for silencing
the report of a | 30 |
| firearm
in the direction of a vehicle he or she knows to be
| 31 |
| occupied by a peace officer, a person summoned or directed | 32 |
| by a peace
officer, a correctional institution employee or | 33 |
| a fireman while the
officer, employee or fireman is engaged | 34 |
| in the execution of any of his
or her official duties, or | 35 |
| to prevent the officer, employee or fireman from
performing | 36 |
| his or her official duties, or in retaliation for the |
|
|
|
SB0190 Engrossed |
- 18 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| officer,
employee or fireman performing his or her official | 2 |
| duties;
| 3 |
| (5) 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 medical technician - ambulance, emergency | 7 |
| medical
technician - intermediate, emergency medical | 8 |
| technician - paramedic, ambulance
driver, or other medical | 9 |
| assistance or first aid
personnel, employed by a | 10 |
| municipality or other governmental unit, while the
| 11 |
| emergency medical technician - ambulance, emergency | 12 |
| medical
technician - intermediate, emergency medical | 13 |
| technician - paramedic, ambulance
driver, or other medical | 14 |
| assistance or first aid
personnel is engaged in the | 15 |
| execution of any of his or her official duties, or
to
| 16 |
| prevent the
emergency medical technician - ambulance, | 17 |
| emergency medical
technician - intermediate, emergency | 18 |
| medical technician - paramedic, ambulance
driver, or other | 19 |
| medical assistance or
first aid personnel from performing | 20 |
| his or her official duties, or in
retaliation
for the
| 21 |
| emergency medical technician - ambulance, emergency | 22 |
| medical
technician - intermediate, emergency medical | 23 |
| technician - paramedic, ambulance
driver, or other medical | 24 |
| assistance or first
aid personnel performing his or her | 25 |
| official duties; or
| 26 |
| (6) Discharges a
machine gun or a firearm equipped with | 27 |
| a device designed or used for silencing
the report of a | 28 |
| firearm
in the direction of a vehicle he or she knows to
be | 29 |
| occupied by an emergency medical technician - ambulance, | 30 |
| emergency medical
technician - intermediate, emergency | 31 |
| medical technician - paramedic, ambulance
driver, or other | 32 |
| medical assistance
or first aid personnel, employed by a | 33 |
| municipality or other governmental
unit, while the
| 34 |
| emergency medical technician - ambulance, emergency | 35 |
| medical
technician - intermediate, emergency medical | 36 |
| technician - paramedic, ambulance
driver, or other medical |
|
|
|
SB0190 Engrossed |
- 19 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| assistance or
first aid personnel is engaged in the | 2 |
| execution of any of his or her official
duties, or to | 3 |
| prevent the
emergency medical technician - ambulance, | 4 |
| emergency medical
technician - intermediate, emergency | 5 |
| medical technician - paramedic, ambulance
driver, or other | 6 |
| medical
assistance or first aid personnel from performing | 7 |
| his or her official duties,
or
in retaliation for the
| 8 |
| emergency medical technician - ambulance, emergency | 9 |
| medical
technician - intermediate, emergency medical | 10 |
| technician - paramedic, ambulance
driver, or other medical
| 11 |
| assistance or first aid personnel performing his or her | 12 |
| official
duties ; .
| 13 |
| (7) Discharges a machine gun or a firearm equipped with | 14 |
| a device
designed or used for silencing the report of a | 15 |
| firearm in the direction of a
person he or she knows to be | 16 |
| an emergency management worker while the emergency
| 17 |
| management worker is engaged in the execution of any of his | 18 |
| or her official
duties, or to prevent the emergency | 19 |
| management worker from performing his or
her official | 20 |
| duties, or in retaliation for the emergency management | 21 |
| worker
performing his or her official duties; or
| 22 |
| (8) 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 an emergency management worker while the
| 26 |
| emergency management worker is engaged in the execution of | 27 |
| any of his or her
official duties, or to prevent the | 28 |
| emergency management worker from performing
his or her | 29 |
| official duties, or in retaliation for the emergency | 30 |
| management
worker performing his or her official duties.
| 31 |
| (b) A violation of subsection (a) (1) or subsection (a) (2) | 32 |
| of this
Section is a Class X felony. A violation of subsection | 33 |
| (a) (3), (a) (4),
(a) (5), or (a) (6) , (a) (7), or (a) (8) of | 34 |
| this Section is a Class X
felony for which the
sentence shall | 35 |
| be a term of imprisonment of no less than 12 years and no more
| 36 |
| than 50 years.
|
|
|
|
SB0190 Engrossed |
- 20 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| (c) For the purpose of this Section, "machine gun" has the | 2 |
| meaning ascribed
to it in clause (i) of paragraph (7) of | 3 |
| subsection (a) of Section 24-1 of this
Code.
| 4 |
| (Source: P.A. 91-121, eff. 7-15-99.)
| 5 |
| (720 ILCS 5/31-9 new)
| 6 |
| Sec. 31-9. Obstructing an emergency management worker. A | 7 |
| person who
knowingly obstructs the performance by one known to | 8 |
| the person to be an
emergency management worker of any | 9 |
| authorized act within his or her official
capacity commits a | 10 |
| Class A misdemeanor.
| 11 |
| Section 10. The Unified Code of Corrections is amended by | 12 |
| changing Section 5-8-1 as follows:
| 13 |
| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 14 |
| Sec. 5-8-1. Sentence of Imprisonment for Felony.
| 15 |
| (a) Except as otherwise provided in the statute defining | 16 |
| the offense, a
sentence of imprisonment for a felony shall be a | 17 |
| determinate sentence set by
the court under this Section, | 18 |
| according to the following limitations:
| 19 |
| (1) for first degree murder,
| 20 |
| (a) a term shall be not less than 20 years
and not | 21 |
| more than 60 years, or
| 22 |
| (b) if a trier of fact finds beyond a reasonable
| 23 |
| doubt that the murder was accompanied by exceptionally
| 24 |
| brutal or heinous behavior indicative of wanton | 25 |
| cruelty or, except as set forth
in subsection (a)(1)(c) | 26 |
| of this Section, that any of the aggravating factors
| 27 |
| listed in subsection (b) of Section 9-1 of the Criminal | 28 |
| Code of 1961 are
present, the court may sentence the | 29 |
| defendant to a term of natural life
imprisonment, or
| 30 |
| (c) the court shall sentence the defendant to a | 31 |
| term of natural life
imprisonment when the death | 32 |
| penalty is not imposed if the defendant,
| 33 |
| (i) has previously been convicted of first |
|
|
|
SB0190 Engrossed |
- 21 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| degree murder under
any state or federal law, or
| 2 |
| (ii) is a person who, at the time of the | 3 |
| commission of the murder,
had attained the age of | 4 |
| 17 or more and is found guilty of murdering an
| 5 |
| individual under 12 years of age; or, irrespective | 6 |
| of the defendant's age at
the time of the | 7 |
| commission of the offense, is found guilty of | 8 |
| murdering more
than one victim, or
| 9 |
| (iii) is found guilty of murdering a peace | 10 |
| officer or fireman , or emergency management worker | 11 |
| when
the peace officer ,
or fireman , or emergency | 12 |
| management worker was killed in the course of | 13 |
| performing his
official duties, or to prevent the | 14 |
| peace officer or fireman from
performing his | 15 |
| official duties, or in retaliation for the peace | 16 |
| officer ,
or
fireman , or emergency management | 17 |
| worker from performing his official duties, and | 18 |
| the defendant knew or should
have known that the | 19 |
| murdered individual was a peace officer ,
or | 20 |
| fireman, or emergency management worker, or
| 21 |
| (iv) is found guilty of murdering an employee | 22 |
| of an institution or
facility of the Department of | 23 |
| Corrections, or any similar local
correctional | 24 |
| agency, when the employee was killed in the course | 25 |
| of
performing his official duties, or to prevent | 26 |
| the employee from performing
his official duties, | 27 |
| or in retaliation for the employee performing his
| 28 |
| official duties, or
| 29 |
| (v) is found guilty of murdering an emergency | 30 |
| medical
technician - ambulance, emergency medical | 31 |
| technician - intermediate, emergency
medical | 32 |
| technician - paramedic, ambulance driver or other | 33 |
| medical assistance or
first aid person while | 34 |
| employed by a municipality or other governmental | 35 |
| unit
when the person was killed in the course of | 36 |
| performing official duties or
to prevent the |
|
|
|
SB0190 Engrossed |
- 22 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| person from performing official duties or in | 2 |
| retaliation
for performing official duties and the | 3 |
| defendant knew or should have known
that the | 4 |
| murdered individual was an emergency medical | 5 |
| technician - ambulance,
emergency medical | 6 |
| technician - intermediate, emergency medical
| 7 |
| technician - paramedic, ambulance driver, or other | 8 |
| medical
assistant or first aid personnel, or
| 9 |
| (vi) is a person who, at the time of the | 10 |
| commission of the murder,
had not attained the age | 11 |
| of 17, and is found guilty of murdering a person | 12 |
| under
12 years of age and the murder is committed | 13 |
| during the course of aggravated
criminal sexual | 14 |
| assault, criminal sexual assault, or aggravated | 15 |
| kidnaping,
or
| 16 |
| (vii) is found guilty of first degree murder | 17 |
| and the murder was
committed by reason of any | 18 |
| person's activity as a community policing | 19 |
| volunteer
or to prevent any person from engaging in | 20 |
| activity as a community policing
volunteer. For | 21 |
| the purpose of this Section, "community policing | 22 |
| volunteer"
has the meaning ascribed to it in | 23 |
| Section 2-3.5 of the Criminal Code of 1961.
| 24 |
| For purposes of clause (v), "emergency medical | 25 |
| technician - ambulance",
"emergency medical technician - | 26 |
| intermediate", "emergency medical technician -
| 27 |
| paramedic", have the meanings ascribed to them in the | 28 |
| Emergency Medical
Services (EMS) Systems Act.
| 29 |
| (d) (i) if the person committed the offense while | 30 |
| armed with a
firearm, 15 years shall be added to | 31 |
| the term of imprisonment imposed by the
court;
| 32 |
| (ii) if, during the commission of the offense, | 33 |
| the person
personally discharged a firearm, 20 | 34 |
| years shall be added to the term of
imprisonment | 35 |
| imposed by the court;
| 36 |
| (iii) if, during the commission of the |
|
|
|
SB0190 Engrossed |
- 23 - |
LRB094 04313 RSP 34342 b |
|
| 1 |
| offense, the person
personally discharged a | 2 |
| firearm that proximately caused great bodily harm,
| 3 |
| permanent disability, permanent disfigurement, or | 4 |
| death to another person, 25
years or up to a term | 5 |
| of natural life shall be added to the term of
| 6 |
| imprisonment imposed by the court.
| 7 |
| (1.5) for second degree murder, a term shall be not | 8 |
| less than 4 years
and not more than 20 years;
| 9 |
| (2) for a person adjudged a habitual criminal under | 10 |
| Article 33B of
the Criminal Code of 1961, as amended, the | 11 |
| sentence shall be a term of
natural life imprisonment;
| 12 |
| (2.5) for a person convicted under the circumstances | 13 |
| described in
paragraph (3) of subsection (b) of Section | 14 |
| 12-13, paragraph (2) of subsection
(d) of Section 12-14, | 15 |
| paragraph (1.2) of subsection (b) of
Section 12-14.1, or | 16 |
| paragraph (2) of subsection (b) of Section 12-14.1
of the | 17 |
| Criminal Code of 1961, the sentence shall be a term of | 18 |
| natural life
imprisonment;
| 19 |
| (3) except as otherwise provided in the statute | 20 |
| defining the
offense, for a Class X felony, the sentence | 21 |
| shall be not less than 6
years and not more than 30 years;
| 22 |
| (4) for a Class 1 felony, other than second degree | 23 |
| murder, the sentence
shall be not less than 4 years and not | 24 |
| more than 15 years;
| 25 |
| (5) for a Class 2 felony, the sentence shall be not | 26 |
| less than 3
years and not more than 7 years;
| 27 |
| (6) for a Class 3 felony, the sentence shall be not | 28 |
| less than 2
years and not more than 5 years;
| 29 |
| (7) for a Class 4 felony, the sentence shall be not | 30 |
| less than 1 year
and not more than 3 years.
| 31 |
| (b) The sentencing judge in each felony conviction shall | 32 |
| set forth
his reasons for imposing the particular sentence he | 33 |
| enters in the case,
as provided in Section 5-4-1 of this Code. | 34 |
| Those reasons may include
any mitigating or aggravating factors | 35 |
| specified in this Code, or the
lack of any such circumstances, | 36 |
| as well as any other such factors as the
judge shall set forth |
|
|
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LRB094 04313 RSP 34342 b |
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| on the record that are consistent with the
purposes and | 2 |
| principles of sentencing set out in this Code.
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| (c) A motion to reduce a sentence may be made, or the court | 4 |
| may reduce
a sentence without motion, within 30 days after the | 5 |
| sentence is imposed.
A defendant's challenge to the correctness | 6 |
| of a sentence or to any aspect of
the sentencing hearing shall | 7 |
| be made by a written motion filed within 30 days
following the | 8 |
| imposition of sentence. However, the court may not increase a
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| sentence once it is imposed.
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| If a motion filed pursuant to this subsection is timely | 11 |
| filed within 30 days
after the sentence is imposed, the | 12 |
| proponent of the motion shall exercise due
diligence in seeking | 13 |
| a determination on the motion and the court shall
thereafter | 14 |
| decide such motion within a reasonable time.
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| If a motion filed pursuant to this subsection is timely | 16 |
| filed within 30 days
after the sentence is imposed, then for | 17 |
| purposes of perfecting an appeal, a
final judgment shall not be | 18 |
| considered to have been entered until the motion to
reduce a | 19 |
| sentence has been decided by order entered by the trial court.
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| A motion filed pursuant to this subsection shall not be | 21 |
| considered to have
been timely
filed unless it is filed with | 22 |
| the circuit court clerk within 30 days after
the sentence is | 23 |
| imposed together with a notice of motion, which notice of
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| motion shall set the motion on the court's calendar on a date | 25 |
| certain within
a reasonable time after the date of filing.
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| (d) Except where a term of natural life is imposed, every | 27 |
| sentence
shall include as though written therein a term in | 28 |
| addition to the term
of imprisonment. For those sentenced under | 29 |
| the law in effect prior to
February 1, 1978, such term shall be | 30 |
| identified as a parole
term. For those sentenced on or after | 31 |
| February 1, 1978, such term
shall be identified as a mandatory | 32 |
| supervised release term. Subject to
earlier termination under | 33 |
| Section 3-3-8, the parole or mandatory
supervised release term | 34 |
| shall be as follows:
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| (1) for first degree murder or a Class X felony, 3 | 36 |
| years;
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LRB094 04313 RSP 34342 b |
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| (2) for a Class 1 felony or a Class 2 felony, 2 years;
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| (3) for a Class 3 felony or a Class 4 felony, 1 year;
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| (4) if the victim is under 18 years of age, for a | 4 |
| second or subsequent
offense of criminal sexual assault or | 5 |
| aggravated criminal sexual assault, 5
years, at least the | 6 |
| first 2 years of which the defendant shall serve in an
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| electronic home detention program under Article 8A of | 8 |
| Chapter V of this Code;
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| (5) if the victim is under 18 years of age, for a | 10 |
| second or subsequent
offense of aggravated criminal sexual | 11 |
| abuse or felony criminal sexual abuse,
4 years, at least | 12 |
| the first 2 years of which the defendant shall serve in an
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| electronic home detention program under Article 8A of | 14 |
| Chapter V of this Code.
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| (e) A defendant who has a previous and unexpired sentence | 16 |
| of
imprisonment imposed by another state or by any district | 17 |
| court of the
United States and who, after sentence for a
crime | 18 |
| in Illinois, must return to serve the unexpired prior sentence | 19 |
| may
have his sentence by the Illinois court ordered to be | 20 |
| concurrent with
the prior sentence in the other state. The | 21 |
| court may order that any time
served on the unexpired portion | 22 |
| of the sentence in the other state,
prior to his return to | 23 |
| Illinois, shall be credited on his Illinois
sentence. The other | 24 |
| state shall be furnished with a copy of the order
imposing | 25 |
| sentence which shall provide that, when the offender is
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| released from confinement of the other state, whether by parole | 27 |
| or by
termination of sentence, the offender shall be | 28 |
| transferred by the
Sheriff of the committing county to the | 29 |
| Illinois Department of
Corrections. The court shall cause the | 30 |
| Department of Corrections to be
notified of such sentence at | 31 |
| the time of commitment and to be provided
with copies of all | 32 |
| records regarding the sentence.
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| (f) A defendant who has a previous and unexpired sentence | 34 |
| of imprisonment
imposed by an Illinois circuit court for a | 35 |
| crime in this State and who is
subsequently sentenced to a term | 36 |
| of imprisonment by another state or by
any district court of |
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LRB094 04313 RSP 34342 b |
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| the United States and who has served a term of
imprisonment | 2 |
| imposed by the other state or district court of the United
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| States, and must return to serve the unexpired prior sentence | 4 |
| imposed by
the Illinois Circuit Court may apply to the court | 5 |
| which imposed sentence to
have his sentence reduced.
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| The circuit court may order that any time served on the | 7 |
| sentence imposed
by the other state or district court of the | 8 |
| United States be credited on
his Illinois sentence. Such | 9 |
| application for reduction of a sentence under
this subsection | 10 |
| (f) shall be made within 30 days after the defendant has
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| completed the sentence imposed by the other state or district | 12 |
| court of the
United States.
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| (Source: P.A. 91-279, eff. 1-1-00; 91-404, eff. 1-1-00; 91-953, | 14 |
| eff.
2-23-01; 92-16, eff. 6-28-01.)
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| Section 99. Effective date. This Act takes effect January | 16 |
| 1, 2006. |
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