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90_HB3880
720 ILCS 5/12-4.2 from Ch. 38, par. 12-4.2
Amends the Criminal Code of 1961. Provides that a person
commits the offense of aggravated battery with a firearm when
he or she, in committing a battery, knowingly and
intentionally by means of a firearm causes any injury to a
person he or she knows to be a teacher or other person
employed in any school while the teacher or other educational
employee is engaged in the execution of any of his or her
official duties, or to prevent the teacher or other
educational employee from performing his or her official
duties, or in retaliation for the teacher or other
educational employee performing his or her official duties.
Provides that the penalty for this violation is a Class X
felony for which the sentence shall be at least 15 years
imprisonment and not more than 60 years imprisonment.
LRB9011944RCks
LRB9011944RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-4.2.
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 12-4.2 as follows:
7 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
8 Sec. 12-4.2. Aggravated Battery with a firearm.
9 (a) A person commits aggravated battery with a firearm
10 when he or she, in committing a battery, knowingly or
11 intentionally by means of the discharging of a firearm: (1)
12 causes any injury to another person, or (2) causes any injury
13 to a person he or she knows to be a peace officer, a person
14 summoned by a peace officer, a correctional institution
15 employee or a fireman while the officer, employee or fireman
16 is engaged in the execution of any of his or her official
17 duties, or to prevent the officer, employee or fireman from
18 performing his or her official duties, or in retaliation for
19 the officer, employee or fireman performing his or her
20 official duties, or (3) causes any injury to a person he or
21 she knows to be an emergency medical technician - ambulance,
22 emergency medical technician - intermediate, emergency
23 medical technician - paramedic, ambulance driver, or other
24 medical assistance or first aid personnel, employed by a
25 municipality or other governmental unit, while the emergency
26 medical technician - ambulance, emergency medical technician
27 - intermediate, emergency medical technician - paramedic,
28 ambulance driver, or other medical assistance or first aid
29 personnel is engaged in the execution of any of his or her
30 official duties, or to prevent the emergency medical
31 technician - ambulance, emergency medical technician -
-2- LRB9011944RCks
1 intermediate, emergency medical technician - paramedic,
2 ambulance driver, or other medical assistance or first aid
3 personnel from performing his or her official duties, or in
4 retaliation for the emergency medical technician - ambulance,
5 emergency medical technician - intermediate, emergency
6 medical technician - paramedic, ambulance driver, or other
7 medical assistance or first aid personnel performing his or
8 her official duties, or (4) causes any injury to a person he
9 or she knows to be a teacher or other person employed in any
10 school while the teacher or other educational employee is
11 engaged in the execution of any of his or her official
12 duties, or to prevent the teacher or other educational
13 employee from performing his or her official duties, or in
14 retaliation for the teacher or other educational employee
15 performing his or her official duties.
16 (b) A violation of subsection (a) (1) of this Section is
17 a Class X felony. A violation of subsection (a) (2), or
18 subsection (a) (3), or subsection (a)(4) of this Section is a
19 Class X felony for which the sentence shall be a term of
20 imprisonment of no less than 15 years and no more than 60
21 years.
22 (c) For purposes of this Section, "firearm" is defined
23 as in "An Act relating to the acquisition, possession and
24 transfer of firearms and firearm ammunition, to provide a
25 penalty for the violation thereof and to make an
26 appropriation in connection therewith", approved August 1,
27 1967, as amended.
28 (Source: P.A. 87-921; 87-1256; 88-433; 88-680, eff. 1-1-95.)