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90_HB2469
720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
Amends the Criminal Code of 1961. Increases penalty for
aggravated discharge of a firearm committed in a school, on
the real property comprising a school, or within 1,000 feet
of the real property comprising a school from a Class 1
felony to a Class X felony. Effective immediately.
LRB9008819RCks
LRB9008819RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 24-1.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 24-1.2 as follows:
7 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
8 Sec. 24-1.2. Aggravated discharge of a firearm.
9 (a) A person commits aggravated discharge of a firearm
10 when he knowingly or intentionally:
11 (1) Discharges a firearm at or into a building he
12 knows to be occupied and the firearm is discharged from a
13 place or position outside that building;
14 (2) Discharges a firearm in the direction of
15 another person or in the direction of a vehicle he knows
16 to be occupied;
17 (3) Discharges a firearm in the direction of a
18 person he knows to be a peace officer, a person summoned
19 or directed by a peace officer, a correctional
20 institution employee, or a fireman while the officer,
21 employee or fireman is engaged in the execution of any of
22 his official duties, or to prevent the officer, employee
23 or fireman from performing his official duties, or in
24 retaliation for the officer, employee or fireman
25 performing his official duties;
26 (4) Discharges a firearm in the direction of a
27 vehicle he knows to be occupied by a peace officer, a
28 person summoned or directed by a peace officer, a
29 correctional institution employee or a fireman while the
30 officer, employee or fireman is engaged in the execution
31 of any of his official duties, or to prevent the officer,
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1 employee or fireman from performing his official duties,
2 or in retaliation for the officer, employee or fireman
3 performing his official duties;
4 (5) Discharges a firearm in the direction of a
5 person he knows to be an emergency medical technician -
6 ambulance, emergency medical technician - intermediate,
7 emergency medical technician - paramedic, ambulance
8 driver, or other medical assistance or first aid
9 personnel, employed by a municipality or other
10 governmental unit, while the emergency medical technician
11 - ambulance, emergency medical technician - intermediate,
12 emergency medical technician - paramedic, ambulance
13 driver, or other medical assistance or first aid
14 personnel is engaged in the execution of any of his
15 official duties, or to prevent the emergency medical
16 technician - ambulance, emergency medical technician -
17 intermediate, emergency medical technician - paramedic,
18 ambulance driver, or other medical assistance or first
19 aid personnel from performing his official duties, or in
20 retaliation for the emergency medical technician -
21 ambulance, emergency medical technician - intermediate,
22 emergency medical technician - paramedic, ambulance
23 driver, or other medical assistance or first aid
24 personnel performing his official duties; or
25 (6) Discharges a firearm in the direction of a
26 vehicle he knows to be occupied by an emergency medical
27 technician - ambulance, emergency medical technician -
28 intermediate, emergency medical technician - paramedic,,
29 ambulance driver, or other medical assistance or first
30 aid personnel, employed by a municipality or other
31 governmental unit, while the emergency medical technician
32 - ambulance, emergency medical technician - intermediate,
33 emergency medical technician - paramedic, ambulance
34 driver, or other medical assistance or first aid
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1 personnel is engaged in the execution of any of his
2 official duties, or to prevent the emergency medical
3 technician - ambulance, emergency medical technician -
4 intermediate, emergency medical technician - paramedic,
5 ambulance driver, or other medical assistance or first
6 aid personnel from performing his official duties, or in
7 retaliation for the emergency medical technician -
8 ambulance, emergency medical technician - intermediate,
9 emergency medical technician - paramedic, ambulance
10 driver, or other medical assistance or first aid
11 personnel performing his official duties.
12 (b) A violation of subsection (a) (1) or subsection
13 (a) (2) of this Section is a Class 1 felony. A violation of
14 subsection (a)(1) or (a)(2) of this Section committed in a
15 school, on the real property comprising a school, or within
16 1,000 feet of the real property comprising a school,
17 regardless of the time of the day or time of year that the
18 offense was committed, is a Class X felony. A violation of
19 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
20 Section is a Class X felony for which the sentence shall be a
21 term of imprisonment of no less than 10 years and not more
22 than 45 years.
23 (c) For purposes of this Section, "school" means any
24 public or private elementary or secondary school, community
25 college, college, or university.
26 (Source: P.A. 87-921; 88-433; 88-680, eff. 1-1-95.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.