Full Text of HB4556 95th General Assembly
HB4556eng 95TH GENERAL ASSEMBLY
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HB4556 Engrossed |
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LRB095 13967 RLC 39779 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 9-3 and 12-4 as follows:
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| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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| (Text of Section after amendment by P.A. 95-467, 95-551, | 8 |
| 95-587 ) | 9 |
| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual | 11 |
| without lawful
justification commits involuntary manslaughter | 12 |
| if his acts whether lawful
or unlawful which cause the death | 13 |
| are such as are likely to cause death or
great bodily harm to | 14 |
| some individual, and he performs them recklessly,
except in | 15 |
| cases in which the cause of the death consists of the driving | 16 |
| of
a motor vehicle or operating a snowmobile, all-terrain | 17 |
| vehicle, or watercraft,
in which case the person commits | 18 |
| reckless homicide. A person commits reckless homicide if he or | 19 |
| she unintentionally kills an individual while driving a vehicle | 20 |
| and using an incline in a roadway, such as a railroad crossing, | 21 |
| bridge
approach, or hill, to cause the vehicle to become | 22 |
| airborne.
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| (b) (Blank).
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| (c) (Blank).
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| (d) Sentence.
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| (1) Involuntary manslaughter is a Class 3 felony.
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| (2) Reckless homicide is a Class 3 felony.
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| (e) (Blank).
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| (e-2) Except as provided in subsection (e-3), in cases | 7 |
| involving reckless homicide in which the offense is committed | 8 |
| upon a public thoroughfare where children pass going to and | 9 |
| from school when a school crossing guard is performing official | 10 |
| duties, the penalty is a Class 2 felony, for which a
person, if | 11 |
| sentenced to a term of imprisonment, shall be sentenced to a | 12 |
| term of
not less than 3 years and not more than 14 years. | 13 |
| (e-3) In cases involving reckless homicide in which (i) the | 14 |
| offense is committed upon a public thoroughfare where children | 15 |
| pass going to and from school when a school crossing guard is | 16 |
| performing official duties and (ii) the defendant causes the | 17 |
| deaths of 2 or more persons as part of a single course of | 18 |
| conduct, the penalty is a Class 2 felony, for which a
person, | 19 |
| if sentenced to a term of imprisonment, shall be sentenced to a | 20 |
| term of
not less than 6 years and not more than 28 years.
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| (e-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in | 23 |
| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined | 25 |
| in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | 26 |
| operating a vehicle while failing or refusing to comply with |
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| any lawful order or direction of any authorized police officer | 2 |
| or traffic control aide engaged in traffic control,
the penalty | 3 |
| is a Class 2 felony, for which a
person, if sentenced to a term | 4 |
| of imprisonment, shall be sentenced to a term of
not less than | 5 |
| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the | 7 |
| defendant caused the deaths of 2 or more persons as part of a | 8 |
| single course of conduct and: (1) was
driving in a construction | 9 |
| or maintenance zone, as defined in Section 11-605.1
of the | 10 |
| Illinois Vehicle Code, or (2) was operating a vehicle while | 11 |
| failing or refusing to comply with any lawful order or | 12 |
| direction of any authorized police officer or traffic control | 13 |
| aide engaged in traffic control,
the penalty is a Class 2 | 14 |
| felony, for which a
person, if sentenced to a term of | 15 |
| imprisonment, shall be sentenced to a term of
not less than 6 | 16 |
| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the | 18 |
| defendant drove a vehicle and used an incline in a roadway, | 19 |
| such as a railroad crossing, bridge
approach, or hill, to cause | 20 |
| the vehicle to become airborne, and caused the deaths of 2 or | 21 |
| more persons as
part of a single course of conduct,
the penalty | 22 |
| is a Class 2 felony.
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| (e-10) In cases involving involuntary manslaughter or | 24 |
| reckless homicide resulting in the death of a peace officer | 25 |
| killed in the performance of his or her duties as a peace | 26 |
| officer, the penalty is a Class 2 felony.
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| (e-11)
(e-10) In cases involving reckless homicide in which | 2 |
| the defendant unintentionally kills an individual while | 3 |
| driving in a posted school zone, as defined in Section 11-605 | 4 |
| of the Illinois Vehicle Code, while children are present or in | 5 |
| a construction or maintenance zone, as defined in Section | 6 |
| 11-605.1 of the Illinois Vehicle Code, when construction or | 7 |
| maintenance workers are present the trier of fact may infer | 8 |
| that the defendant's actions were performed recklessly where he | 9 |
| or she was also either driving at a speed of more than 20 miles | 10 |
| per hour in excess of the posted speed limit or violating | 11 |
| Section 11-501 of the Illinois Vehicle Code.
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| (f) In cases involving involuntary manslaughter in which | 13 |
| the victim was a
family or household member as defined in | 14 |
| paragraph (3) of Section 112A-3 of the
Code of
Criminal | 15 |
| Procedure of 1963, the penalty shall be a Class 2 felony, for | 16 |
| which a
person if sentenced to a term of imprisonment, shall be | 17 |
| sentenced to a term of
not less than 3 years and not more than | 18 |
| 14 years.
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| (g) In cases involving involuntary manslaughter in which | 20 |
| the victim was 12 years of age or younger at the time of the | 21 |
| commission of the offense, the court may sentence the defendant | 22 |
| to a term of imprisonment of up to twice the maximum term | 23 |
| otherwise authorized.
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| (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | 25 |
| eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-17-07.)
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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 | 4 |
| knowingly
causes great bodily harm, or permanent disability or | 5 |
| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated | 7 |
| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of | 9 |
| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to | 11 |
| conceal his
identity;
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| (3) Knows the individual harmed to be a teacher or | 13 |
| other person
employed in any school and such teacher or | 14 |
| other employee is upon the
grounds of a school or grounds | 15 |
| adjacent thereto, or is in any part of a
building used for | 16 |
| school purposes;
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| (4) (Blank);
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| (5) (Blank);
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| (6) Knows the individual harmed to be a community
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| policing volunteer while
such volunteer is engaged in the | 21 |
| execution of
any official duties, or to prevent the | 22 |
| volunteer from performing official duties, or in
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| retaliation for the volunteer performing official
duties, | 24 |
| and the battery is committed other than by the discharge of | 25 |
| a firearm;
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| (7) Knows the individual harmed to be an emergency |
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| medical technician -
ambulance, emergency medical | 2 |
| technician - intermediate, emergency medical
technician - | 3 |
| paramedic, ambulance driver, other medical assistance, | 4 |
| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to | 6 |
| prevent the emergency medical technician - ambulance, | 7 |
| emergency medical
technician - intermediate, emergency | 8 |
| medical technician - paramedic, ambulance
driver, other | 9 |
| medical assistance, first aid personnel, or
hospital | 10 |
| personnel from performing
official duties, or in | 11 |
| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public | 13 |
| way, public
property or public place of accommodation or | 14 |
| amusement;
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| (8.5) Is, or the person battered is, on a publicly or | 16 |
| privately owned sports or entertainment arena, stadium, | 17 |
| community or convention hall, special event center, | 18 |
| amusement facility, or a special event center in a public | 19 |
| park during any 24-hour period when a professional sporting | 20 |
| event, National Collegiate Athletic Association | 21 |
| (NCAA)-sanctioned sporting event, United States Olympic | 22 |
| Committee-sanctioned sporting event, or International | 23 |
| Olympic Committee-sanctioned sporting event is taking | 24 |
| place in this venue;
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| (9) Knows the individual harmed to be the driver, | 26 |
| operator, employee
or passenger of any transportation |
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| facility or system engaged in the
business of | 2 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 4 |
| such public
transportation as a passenger or using any area | 5 |
| of any description
designated by the transportation | 6 |
| facility or system as a vehicle
boarding, departure, or | 7 |
| transfer location;
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| (10) Knows the individual harmed to be an individual of | 9 |
| 60 years 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 | 13 |
| performance of his or
her official duties as a judge;
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| (13) (Blank);
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| (14) Knows the individual harmed to be a person who is | 16 |
| physically
handicapped;
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| (15) Knowingly and without legal justification and by | 18 |
| any means causes
bodily harm to a merchant who detains the | 19 |
| person for an alleged commission of
retail theft under | 20 |
| Section 16A-5 of this Code.
In this item (15), "merchant" | 21 |
| has the meaning ascribed to it in Section
16A-2.4 of this | 22 |
| Code;
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| (16) Is, or the person battered is, in any building or | 24 |
| other structure
used to provide shelter or other services | 25 |
| to victims or to the dependent
children of victims of | 26 |
| 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;
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| (17) (Blank);
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| (18) Knows the individual harmed to be an officer or | 12 |
| employee of the State of Illinois, a unit of local | 13 |
| government, or school district engaged in the performance | 14 |
| of his or her authorized duties as such officer or | 15 |
| employee; | 16 |
| (19) Knows the individual harmed to be an emergency | 17 |
| management worker
engaged in the performance of any of his | 18 |
| or her official duties, or to prevent
the emergency | 19 |
| management worker from performing official duties, or in
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| retaliation for the emergency management worker performing | 21 |
| official duties; or | 22 |
| (20) Knows the individual harmed to be a private | 23 |
| security officer engaged in the performance of any of his | 24 |
| or her official duties, or to prevent
the private security | 25 |
| officer from performing official duties, or in
retaliation | 26 |
| for the private security officer performing official |
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| duties ; or . | 2 |
| (21)
(20) Knows the individual harmed to be a taxi | 3 |
| driver and the battery is committed while the taxi driver | 4 |
| is on duty ; and .
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| (22)
(20) Knows the individual harmed to be a utility | 6 |
| worker, while the utility worker is engaged in the | 7 |
| execution of his or her duties, or to prevent the utility | 8 |
| worker from performing his or her duties, or in retaliation | 9 |
| for the utility worker performing his or her duties. In | 10 |
| this paragraph (22)
(20) , "utility worker" means a person | 11 |
| employed by a public utility as defined in Section 3-105 of | 12 |
| the Public Utilities Act and also includes an employee of a | 13 |
| municipally owned utility, an employee of a cable | 14 |
| television company, an employee of an electric
cooperative | 15 |
| as defined in Section 3-119 of the Public Utilities
Act, an | 16 |
| independent contractor or an employee of an independent
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| contractor working on behalf of a cable television company, | 18 |
| public utility, municipally
owned utility, or an electric | 19 |
| cooperative, or an employee of a
telecommunications | 20 |
| carrier as defined in Section 13-202 of the
Public | 21 |
| Utilities Act, an independent contractor or an employee of
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| an independent contractor working on behalf of a
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| telecommunications carrier, or an employee of a telephone | 24 |
| or
telecommunications cooperative as defined in Section | 25 |
| 13-212 of
the Public Utilities Act, or an independent | 26 |
| contractor or an
employee of an independent contractor |
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| working on behalf of a
telephone or telecommunications | 2 |
| cooperative.
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| For the purpose of paragraph (14) of subsection (b) of this | 4 |
| Section, a
physically handicapped person is a person who | 5 |
| suffers from a permanent and
disabling physical | 6 |
| characteristic, resulting from disease, injury,
functional | 7 |
| disorder or congenital condition.
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| For the purpose of paragraph (20) of subsection (b) and | 9 |
| subsection (e) of this Section, "private security officer" | 10 |
| means a registered employee of a private security contractor | 11 |
| agency under the Private Detective, Private Alarm, Private | 12 |
| Security, and Locksmith Act of 2004. | 13 |
| (c) A person who administers to an individual or causes him | 14 |
| to take,
without his consent or by threat or deception, and for | 15 |
| other than
medical purposes, any intoxicating, poisonous, | 16 |
| stupefying, narcotic,
anesthetic, or controlled substance | 17 |
| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food | 19 |
| that
contains any substance or object that is intended to cause | 20 |
| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she | 22 |
| knowingly and
without lawful justification shines or flashes a | 23 |
| laser gunsight or other laser
device that is attached or | 24 |
| affixed to a firearm, or used in concert with a
firearm, so | 25 |
| that the laser beam strikes upon or against the person of | 26 |
| another.
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| (d-5) An inmate of a penal institution or a sexually | 2 |
| dangerous person or a
sexually violent person in the custody of | 3 |
| the Department of Human Services
who causes or attempts to | 4 |
| cause a
correctional employee of the penal institution or an | 5 |
| employee of the
Department of Human Services to come into | 6 |
| contact with blood,
seminal fluid, urine, or feces, by | 7 |
| throwing, tossing, or expelling that fluid
or material commits | 8 |
| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a | 10 |
| penal institution.
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| (e) Sentence.
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| (1) Except as otherwise provided in paragraphs (2) and | 13 |
| (3), aggravated battery is a Class 3 felony. | 14 |
| (2) Aggravated battery that does not cause great bodily | 15 |
| harm or permanent disability or disfigurement is a Class 2 | 16 |
| felony when the person knows
the individual harmed to be a | 17 |
| peace officer, a community
policing volunteer, a private | 18 |
| security officer, a correctional institution employee, an
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| employee of the Department of Human Services supervising or
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| controlling sexually dangerous persons or sexually violent
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| persons, or a fireman while such officer, volunteer, | 22 |
| employee,
or fireman is engaged in the execution of any | 23 |
| official duties
including arrest or attempted arrest, or to | 24 |
| prevent the
officer, volunteer, employee, or fireman from | 25 |
| performing
official duties, or in retaliation for the | 26 |
| officer, volunteer,
employee, or fireman performing |
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HB4556 Engrossed |
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LRB095 13967 RLC 39779 b |
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| official duties, and the
battery is committed other than by | 2 |
| the discharge of a firearm.
If the individual harmed is a | 3 |
| peace officer or fireman, the court may impose a term of | 4 |
| imprisonment up to twice the maximum term of imprisonment | 5 |
| that is otherwise authorized. | 6 |
| (3) Aggravated battery that causes great bodily harm or | 7 |
| permanent disability or disfigurement in
violation of | 8 |
| subsection (a)
is a Class 1 felony when the person knows | 9 |
| the individual harmed to be a peace
officer, a community
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| policing volunteer, a private security officer, a | 11 |
| correctional institution employee, an employee
of the | 12 |
| Department of Human Services supervising or controlling | 13 |
| sexually
dangerous persons or sexually violent persons, or | 14 |
| a fireman while
such officer, volunteer, employee, or | 15 |
| fireman is engaged in the execution of
any official duties | 16 |
| including arrest or attempted arrest, or to prevent the
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| officer, volunteer, employee, or fireman from performing | 18 |
| official duties, or in
retaliation for the officer, | 19 |
| volunteer, employee, or fireman performing official
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| duties, and the battery is committed other than by the | 21 |
| discharge of a firearm. If the individual harmed is a peace | 22 |
| officer or fireman, the court may impose a term of | 23 |
| imprisonment up to twice the maximum term of imprisonment | 24 |
| that is otherwise authorized.
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| (Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, | 26 |
| eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06; |
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| 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07; | 2 |
| 95-429, eff. 1-1-08; revised 10-17-07.)
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