HB4276 94TH GENERAL ASSEMBLY

LRB094 15856 RLC 51076 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4276

Introduced 12/19/05, by Rep. Donald L. Moffitt

SYNOPSIS AS INTRODUCED:

720 ILCS 5/31-1

from Ch. 38, par. 31-1

Amends the Criminal Code of 1961. Provides that a person convicted for knowingly resisting or obstructing the performance by one known to the person to be a peace officer whose violation was the proximate cause of an injury to a peace officer or bystander that requires medical treatment is guilty of a Class 4 felony. Provides that this provision does not apply to an injury to the person that was the proximate cause of the person resisting or obstructing the peace officer. Provides that a person who has been twice convicted of knowingly resisting or obstructing the performance by one known to the person to be a peace officer who is convicted a third or subsequent time for this violation is guilty of a Class 3 felony.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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

(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)

Sec. 31-1. Resisting or obstructing a peace officer or correctional institution employee.

(a) A person who knowingly resists or obstructs the performance by one known to the person to be a peace officer or correctional institution employee of any authorized act within his official capacity commits a Class A misdemeanor.

(a-5) In addition to any other sentence that may be imposed, a court shall order any person convicted of resisting or obstructing a peace officer to be sentenced to a minimum of 48 consecutive hours of imprisonment or ordered to perform community service for not less than 100 hours as may be determined by the court. The person shall not be eligible for probation in order to reduce the sentence of imprisonment or community service.

(a-7) A person convicted for a violation of this Section whose violation was the proximate cause of an injury to a peace officer is guilty of a Class 4 felony.

(a-8) A person convicted for a violation of this Section whose violation was the proximate cause of an injury to a peace officer or bystander that requires medical treatment is guilty of a Class 4 felony. This subsection (a-8) does not apply to an injury to the person that was the proximate cause of the person resisting or obstructing the peace officer.

(a-9) A person who has been twice convicted of knowingly resisting or obstructing the performance by one known to the person to be a peace officer who is convicted a third or subsequent time for this violation is guilty of a Class 3 felony.

(b) For purposes of this Section, "correctional institution employee" means any person employed to supervise and control inmates incarcerated in a penitentiary, State farm, reformatory, prison, jail, house of correction, police detention area, half-way house, or other institution or place for the incarceration or custody of persons under sentence for offenses or awaiting trial or sentence for offenses, under arrest for an offense, a violation of probation, a violation of parole, or a violation of mandatory supervised release, or awaiting a bail setting hearing or preliminary hearing, or who are sexually dangerous persons or who are sexually violent persons.

(Source: P.A. 92-841, eff. 8-22-02.)