Full Text of SB2138 103rd General Assembly
SB2138 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2138 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/31-1 | from Ch. 38, par. 31-1 |
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Amends the Criminal Code of 2012. Deletes the mental state of "knowingly" from the elements of the offense of resisting or obstructing a peace officer, firefighter, or correctional
institution employee.
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| | A BILL FOR |
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| | | SB2138 | | LRB103 27171 RLC 53541 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 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, | 8 | | firefighter, or correctional
institution employee. | 9 | | (a) A person who knowingly : | 10 | | (1) resists arrest, or | 11 | | (2) obstructs the performance by one known
to the | 12 | | person to be a peace officer, firefighter, or correctional | 13 | | institution employee of any
authorized act within his or | 14 | | her official 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 resisting | 17 | | or obstructing a peace officer, firefighter, or correctional
| 18 | | institution employee to be
sentenced to a minimum of 48 | 19 | | consecutive hours of imprisonment or
ordered to perform | 20 | | community service for not less than 100 hours as
may be | 21 | | determined by the court. The person shall not be eligible for | 22 | | probation
in order to reduce the sentence of imprisonment or | 23 | | community service.
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| | | SB2138 | - 2 - | LRB103 27171 RLC 53541 b |
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| 1 | | (a-7) A person convicted for a violation of this Section | 2 | | whose violation was
the proximate cause of an injury to a peace | 3 | | officer, firefighter, or correctional
institution employee is | 4 | | guilty of a Class 4
felony.
| 5 | | (b) For purposes of this Section, "correctional | 6 | | institution employee"
means
any person employed to supervise | 7 | | and control inmates incarcerated in a
penitentiary, State | 8 | | farm, reformatory, prison, jail, house of correction,
police | 9 | | detention area, half-way house, or other institution or place | 10 | | for the
incarceration or custody of persons under sentence for | 11 | | offenses or awaiting
trial or sentence for offenses, under | 12 | | arrest for an offense, a violation of
probation, a violation | 13 | | of parole, a violation of aftercare release, a violation of | 14 | | mandatory supervised
release, or awaiting a hearing or | 15 | | preliminary hearing on setting the conditions of pretrial | 16 | | release, or who
are
sexually dangerous persons or who are | 17 | | sexually violent persons; and "firefighter" means any | 18 | | individual, either as an employee or volunteer, of a regularly
| 19 | | constituted fire department of a municipality or fire | 20 | | protection district who
performs fire fighting duties, | 21 | | including, but not limited to, the fire chief, assistant fire
| 22 | | chief, captain, engineer, driver, ladder person, hose person, | 23 | | pipe person, and any
other member of a regularly constituted | 24 | | fire department. "Firefighter" also means a person employed by | 25 | | the Office of the State Fire Marshal to conduct arson | 26 | | investigations.
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| | | SB2138 | - 3 - | LRB103 27171 RLC 53541 b |
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| 1 | | (c) It is an affirmative defense to a violation of this | 2 | | Section if a person resists or obstructs the performance of | 3 | | one known by the person to be a firefighter by returning to or | 4 | | remaining in a dwelling, residence, building, or other | 5 | | structure to rescue or to attempt to rescue any person. | 6 | | (d) A person shall not be subject to arrest for resisting | 7 | | arrest under this Section unless there is an underlying | 8 | | offense for which the person was initially subject to arrest. | 9 | | (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21 .)
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