Full Text of HB4385 102nd General Assembly
HB4385ham002 102ND GENERAL ASSEMBLY | Rep. LaToya Greenwood Filed: 3/24/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4385
| 2 | | AMENDMENT NO. ______. Amend House Bill 4385 on page 1, | 3 | | immediately below line 5, by inserting the following:
| 4 | | "Section 5. The Metropolitan Transit Authority Act is | 5 | | amended by changing Section 31 as follows:
| 6 | | (70 ILCS 3605/31) (from Ch. 111 2/3, par. 331)
| 7 | | Sec. 31.
The Board shall have power to pass all ordinances | 8 | | and make
all rules and regulations proper or necessary to | 9 | | regulate the use,
operation and maintenance of its property | 10 | | and facilities, and to carry
into effect the powers granted to | 11 | | the Authority, with such fines or
penalties , including, but | 12 | | not limited to, ordinances, rules, and regulations concerning | 13 | | the suspension of riding privileges or confiscation of fare | 14 | | media, as may be deemed proper. No fine or penalty shall exceed
| 15 | | $300.00, and no imprisonment shall exceed six (6) months for | 16 | | one
offense. All fines and penalties shall be imposed by |
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| 1 | | ordinances, which
shall be published in a newspaper of
general | 2 | | circulation published in
the metropolitan area. No such | 3 | | ordinance shall take effect until ten
days after its | 4 | | publication.
| 5 | | (Source: P.A. 80-937.)
| 6 | | Section 10. The Local Mass Transit District Act is amended | 7 | | by changing Section 5 as follows:
| 8 | | (70 ILCS 3610/5) (from Ch. 111 2/3, par. 355)
| 9 | | Sec. 5.
(a) The Board of Trustees of every District may | 10 | | establish or
acquire any or all manner of mass transit | 11 | | facility. The Board may engage
in the business of | 12 | | transportation of passengers on scheduled routes and
by | 13 | | contract on nonscheduled routes within the territorial limits | 14 | | of the
counties or municipalities creating the District, by | 15 | | whatever means it
may decide. Its routes may be extended | 16 | | beyond such territorial limits
with the consent of the | 17 | | governing bodies of the municipalities or
counties into which | 18 | | such operation is extended.
| 19 | | (b) The Board of Trustees of every District may for the | 20 | | purposes of
the District, acquire by gift, purchase, lease, | 21 | | legacy, condemnation, or
otherwise and hold, use, improve, | 22 | | maintain, operate, own, manage or
lease, as lessor or lessee, | 23 | | such cars, buses, equipment, buildings,
structures, real and | 24 | | personal property, and interests therein, and services,
lands |
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| 1 | | for
terminal and other related facilities, improvements and | 2 | | services, or
any interest therein, including all or
any part | 3 | | of the plant, land, buildings, equipment, vehicles, licenses,
| 4 | | franchises,
patents, property, service contracts and | 5 | | agreements of every kind and
nature.
Real property may be so | 6 | | acquired if it is situated within or partially
within the area | 7 | | served by the District or if it is outside the area
if it is | 8 | | desirable or necessary for the purposes of the District.
| 9 | | (c) The Board of Trustees of every District which | 10 | | establishes, provides,
or
acquires mass transit facilities or | 11 | | services may contract with any person
or
corporation or public | 12 | | or private entity for the operation or provision
thereof upon | 13 | | such terms and conditions as
the District shall determine.
| 14 | | (d) The Board of Trustees of every District shall have the | 15 | | authority
to contract for any and all purposes of the | 16 | | District, including with an
interstate
transportation | 17 | | authority, or with another local
Mass Transit District or any | 18 | | other municipal, public, or private
corporation
entity in
the | 19 | | transportation business including the authority to contract to | 20 | | lease
its or otherwise provide land, buildings, and equipment, | 21 | | and other
related facilities, improvements, and services, for | 22 | | the carriage of
passengers beyond the territorial
limits of | 23 | | the District or to subsidize transit operations by a public or
| 24 | | private
or municipal corporation operating entity providing | 25 | | mass transit
facilities.
| 26 | | (e) The Board of Trustees of every District shall have the |
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| 1 | | authority
to establish, alter and discontinue transportation | 2 | | routes and services and
any or all
ancillary or supporting | 3 | | facilities and services, and to establish and amend
rate
| 4 | | schedules for the transportation of persons thereon or for the | 5 | | public or
private use thereof which rate schedules shall, | 6 | | together with any
grants, receipts or income from other | 7 | | sources, be sufficient to pay the
expenses of the District, | 8 | | the repair, maintenance and the safe and
adequate operation of | 9 | | its mass transit facilities and public mass
transportation
| 10 | | system and to fulfill the terms of its debts, undertakings, | 11 | | and
obligations.
| 12 | | (f) The Board of Trustees of every District shall have | 13 | | perpetual
succession and shall have the following powers in | 14 | | addition to any others
in this Act granted:
| 15 | | (1) to sue and be sued;
| 16 | | (2) to adopt and use a seal;
| 17 | | (3) to make and execute contracts loans, leases, | 18 | | subleases, installment
purchase agreements, contracts, | 19 | | notes and other instruments evidencing
financial | 20 | | obligations, and other instruments necessary or
convenient | 21 | | in the exercise of its powers;
| 22 | | (4) to make, amend and repeal bylaws, rules and | 23 | | regulations not
inconsistent with this Act , including, but | 24 | | not limited to, rules and regulations proper or necessary | 25 | | to regulate the use, operation, and maintenance of its | 26 | | properties and facilities and to carry into effect the |
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| 1 | | powers granted to the Board of Trustees, with any | 2 | | necessary fines or penalties, including, but not limited | 3 | | to, rules and regulations concerning the suspension of | 4 | | riding privileges or confiscation of fare media, as the | 5 | | Board deems proper ;
| 6 | | (5) to sell, lease, sublease, license, transfer, | 7 | | convey or
otherwise dispose of any of its real or personal | 8 | | property, or
interests
therein, in whole or in part, at | 9 | | any time upon such terms and conditions as
it may | 10 | | determine,
with public bidding if the value exceeds $1,000 | 11 | | at negotiated, competitive,
public, or private sale;
| 12 | | (6) to invest funds, not required for immediate | 13 | | disbursement, in
property, agreements, or securities legal | 14 | | for investment of public
funds
controlled by
savings banks | 15 | | under applicable law;
| 16 | | (7) to mortgage, pledge, hypothecate or otherwise | 17 | | encumber all or
any part of its real or personal property | 18 | | or other assets, or
interests therein;
| 19 | | (8) to apply for, accept and use grants, loans or | 20 | | other financial
assistance from any private entity or | 21 | | municipal, county, State or Federal
governmental
agency or | 22 | | other public entity;
| 23 | | (9) to borrow money from the United States Government | 24 | | or any agency
thereof, or from any other public or private | 25 | | source, for the purposes of
the District and,
as evidence | 26 | | thereof, to issue its revenue bonds, payable solely from |
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| 1 | | the
revenue derived from the operation of the District. | 2 | | These bonds may be
issued with maturities not exceeding 40 | 3 | | years from the date of the
bonds, and in such amounts as | 4 | | may be necessary to provide sufficient
funds, together | 5 | | with interest, for the purposes of the District. These
| 6 | | bonds shall bear interest at a rate of not more than the | 7 | | maximum rate
authorized by the Bond Authorization Act, as | 8 | | amended at the time of the
making of the contract of sale, | 9 | | payable semi-annually, may be made
registerable as to
| 10 | | principal, and may be made payable and callable as | 11 | | provided on any
interest payment date at a price of
par and | 12 | | accrued interest under such terms and conditions as may be | 13 | | fixed by the
ordinance authorizing the issuance of the | 14 | | bonds. Bonds issued under this
Section are negotiable | 15 | | instruments. They shall be executed by the chairman and
| 16 | | members of the Board of Trustees, attested by the | 17 | | secretary, and shall be
sealed with the corporate seal of
| 18 | | the District. In case any Trustee or officer whose | 19 | | signature appears on the
bonds or
coupons ceases to hold | 20 | | that office before the bonds are delivered, such
officer's
| 21 | | signature, shall nevertheless be valid and sufficient for | 22 | | all purposes, the
same as though such officer had remained | 23 | | in office until the bonds
were delivered. The
bonds shall | 24 | | be sold in such manner and upon such terms as the Board of | 25 | | Trustees
shall determine, except that the selling price | 26 | | shall be such that the interest
cost to the District of the |
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| 1 | | proceeds of the bonds shall not exceed the maximum
rate | 2 | | authorized by the Bond Authorization Act, as amended at | 3 | | the time of the
making of the contract of sale, payable | 4 | | semi-annually, computed to maturity
according
to the | 5 | | standard table of bond values.
| 6 | | The ordinance shall fix the amount of revenue bonds | 7 | | proposed to be
issued, the maturity or maturities, the | 8 | | interest rate, which shall not
exceed the maximum rate | 9 | | authorized by the Bond Authorization Act, as amended
at | 10 | | the time of the making of the contract of sale, and all the | 11 | | details in
connection
with the bonds. The ordinance may | 12 | | contain such covenants and restrictions upon
the issuance | 13 | | of additional revenue bonds thereafter, which will share | 14 | | equally
in the revenue of the District, as may be deemed | 15 | | necessary or advisable for
the
assurance of the payment of | 16 | | the bonds first issued. Any District may also
provide in | 17 | | the ordinance authorizing the issuance of bonds under this | 18 | | Section
that the bonds, or such ones thereof as may be | 19 | | specified, shall, to the extent
and in the manner | 20 | | prescribed, be subordinated and be junior in standing, | 21 | | with
respect to the payment of principal and interest and | 22 | | the security thereof, to
such other bonds as are | 23 | | designated in the ordinance.
| 24 | | The ordinance shall pledge the revenue derived from | 25 | | the operations of
the District for the purpose of paying | 26 | | the cost of operation and
maintenance of the District, |
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| 1 | | and, as applicable, providing adequate
depreciation funds,
| 2 | | and paying the principal of and interest on the bonds of | 3 | | the District
issued under this Section;
| 4 | | (10) subject to Section 5.1, to levy a tax on property | 5 | | within the
District at the rate of not to exceed .25% on | 6 | | the assessed value of such
property in the manner provided | 7 | | in the Illinois Municipal Budget Law;
| 8 | | (11) to issue tax anticipation warrants;
| 9 | | (12) to contract with any school district in this | 10 | | State to provide
for the transportation of pupils to and | 11 | | from school within such district
pursuant to the | 12 | | provisions of Section 29-15 of the School Code;
| 13 | | (13) to provide for the insurance of any property, | 14 | | directors,
officers, employees or operations of the | 15 | | District against any risk or
hazard, and to self-insure or | 16 | | participate in joint self-insurance pools or
entities to | 17 | | insure against such risk or hazard;
| 18 | | (14) to use its established funds, personnel, and | 19 | | other resources to
acquire, construct, operate, and | 20 | | maintain bikeways and trails. Districts
may cooperate with | 21 | | other governmental and private agencies in bikeway and
| 22 | | trail programs; and
| 23 | | (15) to acquire, own, maintain, construct, | 24 | | reconstruct, improve, repair,
operate or lease any | 25 | | light-rail public transportation system, terminal,
| 26 | | terminal facility, public airport, or bridge or toll |
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| 1 | | bridge across waters with
any city, state, or both.
| 2 | | With respect to instruments for the payment of money | 3 | | issued under this
Section either before, on, or after June 6, | 4 | | 1989 (the effective date of Public Act 86-4), it is and always | 5 | | has been the intention of the General
Assembly (i) that the | 6 | | Omnibus Bond Acts are and always have been
supplementary | 7 | | grants of power to issue instruments in accordance with the
| 8 | | Omnibus Bond Acts, regardless of any provision of this Act | 9 | | that may appear
to be or to have been more restrictive than | 10 | | those Acts, (ii) that the
provisions of this Section are not a | 11 | | limitation on the supplementary
authority granted by the | 12 | | Omnibus Bond Acts, and (iii) that instruments
issued under | 13 | | this Section within the supplementary authority granted
by the | 14 | | Omnibus Bond Acts are not invalid because of any provision of
| 15 | | this Act that may appear to be or to have been more restrictive | 16 | | than
those Acts.
| 17 | | This Section shall be liberally construed to give effect | 18 | | to its purposes.
| 19 | | (Source: P.A. 99-642, eff. 7-28-16.)
| 20 | | Section 15. The Regional Transportation Authority Act is | 21 | | amended by changing Section 3A.09 and by adding Section 3B.09c | 22 | | as follows:
| 23 | | (70 ILCS 3615/3A.09) (from Ch. 111 2/3, par. 703A.09)
| 24 | | Sec. 3A.09. General powers. In addition to any powers |
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| 1 | | elsewhere provided
to the Suburban Bus Board, it shall have | 2 | | all of the powers specified in
Section 2.20 of this Act except | 3 | | for the powers specified in Section 2.20(a)(v). The Board | 4 | | shall also have the power:
| 5 | | (a) to cooperate with the Regional Transportation | 6 | | Authority in the
exercise by the Regional Transportation | 7 | | Authority of all the powers granted
it by such Act;
| 8 | | (b) to receive funds from the Regional Transportation | 9 | | Authority pursuant
to Sections 2.02, 4.01, 4.02, 4.09 and | 10 | | 4.10 of the Regional Transportation
Authority Act, all as | 11 | | provided in the Regional Transportation Authority Act;
| 12 | | (c) to receive financial grants from the Regional | 13 | | Transportation
Authority or a Service Board, as defined in | 14 | | the Regional Transportation
Authority Act, upon such terms | 15 | | and conditions as shall be set forth in a
grant contract | 16 | | between either the Division and the Regional | 17 | | Transportation
Authority or the Division and another | 18 | | Service Board, which contract or
agreement may be for such | 19 | | number of years or duration as the parties agree,
all as | 20 | | provided in the Regional Transportation Authority Act; | 21 | | (d) to perform all functions necessary for the | 22 | | provision of paratransit services under Section 2.30 of | 23 | | this Act; and
| 24 | | (e) to borrow money for the purposes of: (i) | 25 | | constructing a new garage in the northwestern Cook County | 26 | | suburbs, (ii) converting the South Cook garage in Markham |
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| 1 | | to a Compressed Natural Gas facility, (iii) constructing a | 2 | | new paratransit garage in DuPage County, (iv) expanding | 3 | | the North Shore garage in Evanston to accommodate | 4 | | additional indoor bus parking, and (v) purchasing new | 5 | | transit buses. For the purpose of evidencing the | 6 | | obligation of the Suburban Bus Board to repay any money | 7 | | borrowed as provided in this subsection, the Suburban Bus | 8 | | Board may issue revenue bonds from time to time pursuant | 9 | | to ordinance adopted by the Suburban Bus Board, subject to | 10 | | the approval of the Regional Transportation Authority of | 11 | | each such issuance by the affirmative vote of 12 of its | 12 | | then Directors; provided that the Suburban Bus Board may | 13 | | not issue bonds for the purpose of financing the | 14 | | acquisition, construction, or improvement of any facility | 15 | | other than those listed in this subsection (e). All such | 16 | | bonds shall be payable solely from the revenues or income | 17 | | or any other funds that the Suburban Bus Board may | 18 | | receive, provided that the Suburban Bus Board may not | 19 | | pledge as security for such bonds the moneys, if any, that | 20 | | the Suburban Bus Board receives from the Regional | 21 | | Transportation Authority pursuant to Section 4.03.3(f) of | 22 | | the Regional Transportation Authority Act. The bonds shall | 23 | | bear interest at a rate not to exceed the maximum rate | 24 | | authorized by the Bond Authorization Act and shall mature | 25 | | at such time or times not exceeding 25 years from their | 26 | | respective dates. Bonds issued pursuant to this paragraph |
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| 1 | | must be issued with scheduled principal or mandatory | 2 | | redemption payments in equal amounts in each fiscal year | 3 | | over the term of the bonds, with the first principal or | 4 | | mandatory redemption payment scheduled within the fiscal | 5 | | year in which bonds are issued or within the next | 6 | | succeeding fiscal year. At least 25%, based on total | 7 | | principal amount, of all bonds authorized pursuant to this | 8 | | Section shall be sold pursuant to notice of sale and | 9 | | public bid. No more than 75%, based on total principal | 10 | | amount, of all bonds authorized pursuant to this Section | 11 | | shall be sold by negotiated sale. The maximum principal | 12 | | amount of the bonds that may be issued may not exceed | 13 | | $100,000,000. The bonds shall have all the qualities of | 14 | | negotiable instruments under the laws of this State. To | 15 | | secure the payment of any or all of such bonds and for the | 16 | | purpose of setting forth the covenants and undertakings of | 17 | | the Suburban Bus Board in connection with the issuance | 18 | | thereof and the issuance of any additional bonds payable | 19 | | from such revenue or income as well as the use and | 20 | | application of the revenue or income received by the | 21 | | Suburban Bus Board, the Suburban Bus Board may execute and | 22 | | deliver a trust agreement or agreements; provided that no | 23 | | lien upon any physical property of the Suburban Bus Board | 24 | | shall be created thereby. A remedy for any breach or | 25 | | default of the terms of any such trust agreement by the | 26 | | Suburban Bus Board may be by mandamus proceedings in any |
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| 1 | | court of competent jurisdiction to compel performance and | 2 | | compliance therewith, but the trust agreement may | 3 | | prescribe by whom or on whose behalf such action may be | 4 | | instituted. Under no circumstances shall any bonds issued | 5 | | by the Suburban Bus Board or any other obligation of the | 6 | | Suburban Bus Board in connection with the issuance of such | 7 | | bonds be or become an indebtedness or obligation of the | 8 | | State of Illinois, the Regional Transportation Authority, | 9 | | or any other political subdivision of or municipality | 10 | | within the State, nor shall any such bonds or obligations | 11 | | be or become an indebtedness of the Suburban Bus Board | 12 | | within the purview of any constitutional limitation or | 13 | | provision, and it shall be plainly stated on the face of | 14 | | each bond that it does not constitute such an indebtedness | 15 | | or obligation but is payable solely from the revenues or | 16 | | income as aforesaid ; and . | 17 | | (f) to adopt ordinances and make all rules and | 18 | | regulations proper or necessary to regulate the use, | 19 | | operation, and maintenance of its property and facilities | 20 | | and to carry into effect the powers granted to the | 21 | | Suburban Bus Board, with any necessary fines or penalties, | 22 | | including, but not limited to, ordinances, rules, and | 23 | | regulations concerning the suspension of riding privileges | 24 | | or confiscation of fare media, as the Board deems proper. | 25 | | (Source: P.A. 99-665, eff. 7-29-16.)
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| 1 | | (70 ILCS 3615/3B.09c new) | 2 | | Sec. 3B.09c. Regulation of the use, operation, and | 3 | | maintenance of property. The Chief of Police of the Metra | 4 | | Police Department may make rules and regulations proper or | 5 | | necessary to regulate the use, operation, and maintenance of | 6 | | the property and facilities of the Commuter Rail Board and to | 7 | | carry into effect the powers granted to the Chief by the | 8 | | Commuter Rail Board, with any necessary fines or penalties, | 9 | | including, but not limited to, rules and regulations | 10 | | concerning the suspension of riding privileges or confiscation | 11 | | of fare media, that the Chief deems proper. "; and | 12 | | on page 1, by replacing lines 6 and 7 with the following: | 13 | | "Section 20. The Criminal Code of 2012 is amended by | 14 | | changing Sections 12-2 and 12-3.05 as follows:
| 15 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| 16 | | Sec. 12-2. Aggravated assault.
| 17 | | (a) Offense based on location of conduct. A person commits | 18 | | aggravated assault when he or she commits an assault against | 19 | | an individual who is on or about a public way, public property, | 20 | | a public place of accommodation or amusement, or a sports | 21 | | venue, or in a church, synagogue, mosque, or other building, | 22 | | structure, or place used for religious worship. | 23 | | (b) Offense based on status of victim. A person commits |
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| 1 | | aggravated assault when, in committing an assault, he or she | 2 | | knows the individual assaulted to be any of the following: | 3 | | (1) A person with a physical disability or a person 60 | 4 | | years of age or older and the assault is without legal | 5 | | justification. | 6 | | (2) A teacher or school employee upon school grounds | 7 | | or grounds adjacent to a school or in any part of a | 8 | | building used for school purposes. | 9 | | (3) A park district employee upon park grounds or | 10 | | grounds adjacent to a park or in any part of a building | 11 | | used for park purposes. | 12 | | (4) A community policing volunteer, private security | 13 | | officer, or utility worker: | 14 | | (i) performing his or her official duties; | 15 | | (ii) assaulted to prevent performance of his or | 16 | | her official duties; or | 17 | | (iii) assaulted in retaliation for performing his | 18 | | or her official duties. | 19 | | (4.1) A peace officer, fireman, emergency management | 20 | | worker, or emergency medical services personnel: | 21 | | (i) performing his or her official duties; | 22 | | (ii) assaulted to prevent performance of his or | 23 | | her official duties; or | 24 | | (iii) assaulted in retaliation for performing his | 25 | | or her official duties. | 26 | | (5) A correctional officer or probation officer: |
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| 1 | | (i) performing his or her official duties; | 2 | | (ii) assaulted to prevent performance of his or | 3 | | her official duties; or | 4 | | (iii) assaulted in retaliation for performing his | 5 | | or her official duties. | 6 | | (6) A correctional institution employee, a county | 7 | | juvenile detention center employee who provides direct and | 8 | | continuous supervision of residents of a juvenile | 9 | | detention center, including a county juvenile detention | 10 | | center employee who supervises recreational activity for | 11 | | residents of a juvenile detention center, or a Department | 12 | | of Human Services employee, Department of Human Services | 13 | | officer, or employee of a subcontractor of the Department | 14 | | of Human Services supervising or controlling sexually | 15 | | dangerous persons or sexually violent persons: | 16 | | (i) performing his or her official duties; | 17 | | (ii) assaulted to prevent performance of his or | 18 | | her official duties; or | 19 | | (iii) assaulted in retaliation for performing his | 20 | | or her official duties. | 21 | | (7) An employee of the State of Illinois, a municipal | 22 | | corporation therein, or a political subdivision thereof, | 23 | | performing his or her official duties. | 24 | | (8) A transit employee performing his or her official | 25 | | duties, or a transit passenger. | 26 | | (9) A sports official or coach actively participating |
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| 1 | | in any level of athletic competition within a sports | 2 | | venue, on an indoor playing field or outdoor playing | 3 | | field, or within the immediate vicinity of such a facility | 4 | | or field. | 5 | | (10) A person authorized to serve process under | 6 | | Section 2-202 of the Code of Civil Procedure or a special | 7 | | process server appointed by the circuit court, while that | 8 | | individual is in the performance of his or her duties as a | 9 | | process server. | 10 | | (c) Offense based on use of firearm, device, or motor | 11 | | vehicle. A person commits aggravated assault when, in | 12 | | committing an assault, he or she does any of the following: | 13 | | (1) Uses a deadly weapon, an air rifle as defined in | 14 | | Section 24.8-0.1 of this Act, or any device manufactured | 15 | | and designed to be substantially similar in appearance to | 16 | | a firearm, other than by discharging a firearm. | 17 | | (2) Discharges a firearm, other than from a motor | 18 | | vehicle. | 19 | | (3) Discharges a firearm from a motor vehicle. | 20 | | (4) Wears a hood, robe, or mask to conceal his or her | 21 | | identity. | 22 | | (5) Knowingly and without lawful justification shines | 23 | | or flashes a laser gun sight or other laser device | 24 | | attached to a firearm, or used in concert with a firearm, | 25 | | so that the laser beam strikes near or in the immediate | 26 | | vicinity of any person. |
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| 1 | | (6) Uses a firearm, other than by discharging the | 2 | | firearm, against a peace officer, community policing | 3 | | volunteer, fireman, private security officer, emergency | 4 | | management worker, emergency medical services personnel, | 5 | | employee of a police department, employee of a sheriff's | 6 | | department, or traffic control municipal employee: | 7 | | (i) performing his or her official duties; | 8 | | (ii) assaulted to prevent performance of his or | 9 | | her official duties; or | 10 | | (iii) assaulted in retaliation for performing his | 11 | | or her official duties. | 12 | | (7) Without justification operates a motor vehicle in | 13 | | a manner which places a person, other than a person listed | 14 | | in subdivision (b)(4), in reasonable apprehension of being | 15 | | struck by the moving motor vehicle. | 16 | | (8) Without justification operates a motor vehicle in | 17 | | a manner which places a person listed in subdivision | 18 | | (b)(4), in reasonable apprehension of being struck by the | 19 | | moving motor vehicle. | 20 | | (9) Knowingly video or audio records the offense with | 21 | | the intent to disseminate the recording. | 22 | | (d) Sentence. Aggravated assault as defined in subdivision | 23 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | 24 | | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except | 25 | | that aggravated assault as defined in subdivision (b)(4) and | 26 | | (b)(7) is a Class 4 felony if a Category I, Category II, or |
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| 1 | | Category III weapon is used in the commission of the assault. | 2 | | Aggravated assault as defined in subdivision (b)(4.1), (b)(5), | 3 | | (b)(6), (b)(8) (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a | 4 | | Class 4 felony. Aggravated assault as defined in subdivision | 5 | | (c)(3) or (c)(8) is a Class 3 felony. | 6 | | (e) For the purposes of this Section, "Category I weapon", | 7 | | "Category II weapon", and "Category III weapon" have the | 8 | | meanings ascribed to those terms in Section 33A-1 of this | 9 | | Code.
| 10 | | (Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)"; | 11 | | and
| 12 | | on page 10, line 2, by replacing "or" with " (d)(7), or".
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