90th General Assembly
Summary of HB2400
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House Sponsors:
ACEVEDO-MCAULIFFE-CAPPARELLI-ZICKUS-LOPEZ, GASH, MCKEON, 
   BRADLEY, LYONS,JOSEPH, BURKE, BUGIELSKI, LANG, CROTTY, 
   SCOTT, NOVAK, FANTIN AND MORROW.

Senate Sponsors:
DUDYCZ-FARLEY-OBAMA

Short description: 
CRIM CD-COMMUNITY POLICING                                                 

Synopsis of Bill as introduced:
        Amends the Criminal Code of 1961.   Defines  "community  policing      
   person".    Provides  that  it  is an aggravating factor for which the      
   death penalty may be  imposed  that  the  murdered  individual  was  a      
   community policing person killed in the course of performing community      
   policing  functions  or  to prevent the community policing person from      
   performing  community  policing  functions  or  in   retaliation   for      
   performing community policing functions and that the defendant knew or      
   should  have  known  that  the  murdered  individual  was  a community      
   policing person.  Also establishes these factors to enhance battery to      
   aggravated battery.  Makes the  enhanced  offense  a  Class  2  felony      
   (rather  than  a  Class 3 felony) for which a sentence of imprisonment      
   may be imposed of not less than 3 nor more than 14  years.   Effective      
   immediately.                                                                
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          720 ILCS 5/2-3.5 new                                                 
          720 ILCS 5/9-1                                                       
          720 ILCS 12-4                                                        
          Adds reference to:                                                   
          720 ILCS 5/2-13                 from Ch. 38, par. 2-13               
          720 ILCS 5/12-6.2                                                    
          730 ILCS 5/5-5-3.2              from Ch. 38, par. 1005-5-3.2         
        Deletes everything. Amends the Criminal Code of 1961. Includes in      
   the definition of a "peace officer" a person participating in a com-        
   munity policing program for the purposes of the statutes relating to        
   a peace officer's use of force in making an arrest, first degree mur-       
   der, aggravated assault, aggravated battery, aggravated battery with a      
   firearm,  aggravated  intimidation,  and  aggravated  discharge  of  a      
   firearm.  Provides  that  for  the  purposes of these various criminal      
   offenses, a person participating in community  policing  is  executing      
   official  duties.   Amends  the Unified Code of Corrections.  Provides      
   that it is an aggravating factor  in  sentencing  that  the  defendant      
   committed  the  offense  against  a  person  because  of that person's      
   participation in a community policing program.                              
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          720 ILCS 5/2-13                                                      
          Adds reference to:                                                   
          720 ILCS 5/2-3.5 new                                                 
          720 ILCS 5/9-1                  from Ch. 38, par. 9-1                
          720 ILCS 5/12-2                 from Ch. 38, par. 12-2               
          720 ILCS 5/12-4                 from Ch. 38, par. 12-4               
          720 ILCS 5/12-4.2               from Ch. 38, par. 12-4.2             
          720 ILCS 5/24-1.2               from Ch. 38, par. 24-1.2             
          730 ILCS 5/5-8-1                from Ch. 38, par. 1005-8-1           
        Deletes  everything  after  the  enacting  clause.   Amends   the      
   Criminal  Code  of  1961.   Defines  "community  policing  volunteer".      
   Provides  that  it  is  an  aggravating factor in sentencing for first      
   degree murder that the murder was committed by reason of any  person's      
   activity  as  a  community policing volunteer or to prevent any person      
   from engaging in activity as a  community  policing  volunteer.   Also      
   provides  that  an  assault  or  battery committed against a community      
   policing volunteer is enhanced to  aggravated  assault  or  aggravated      
   battery.   Also  provides that a battery committed against a community      
   policing volunteer by the discharge of a  firearm  makes  the  offense      
   aggravated battery with a firearm.  Provides that intimidation against      
   a  community  policing  volunteer constitutes aggravated intimidation.      
   Also includes in aggravated discharge  of  a  firearm,  discharging  a      
   firearm  in  the  direction of a community policing volunteer.  Amends      
   the Unified Code of Corrections.  Provides that it is  an  aggravating      
   factor  in  sentencing  that  the  defendant  committed the offense by      
   reason of a person's activity as a community policing volunteer or  to      
   prevent  a  person  from  engaging in activity as a community policing      
   volunteer.  Provides for natural life imprisonment for committing  the      
   offense  of  first degree murder by reason of a person's activity as a      
   community policing volunteer or to prevent a person from  engaging  in      
   activity as a community policing volunteer.                                 
 
Last action on Bill: PUBLIC ACT.............................. 90-0651

   Last action date: 98-07-28

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 
                                                                               



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