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91_SB1549 LRB9111679RCsb 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Section 33A-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 33A-2 as follows: 7 (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2) 8 Sec. 33A-2. Armed violence-Elements of the offense. 9 (a) Except as otherwise provided in subsections (b) and 10 (c), a person commits armed violence when, while armed with a 11 dangerous weapon, he or she commits any felony defined by 12 Illinois Law, except first degree murder, attempted first13degree murder, intentional homicide of an unborn child,14predatory criminal sexual assault of a child, aggravated15criminal sexual assault, aggravated kidnaping, aggravated16battery of a child, home invasion, armed robbery, or17aggravated vehicular hijacking. 18 (b) A person commits armed violence when he or she 19 personally discharges a firearm that is a Category I or 20 Category II weapon while committing any felony defined by 21 Illinois law, except first degree murder, attempted first 22 degree murder, intentional homicide of an unborn child, 23 predatory criminal sexual assault of a child, aggravated 24 criminal sexual assault, aggravated kidnaping, aggravated 25 battery of a child, home invasion, armed robbery, or 26 aggravated vehicular hijacking. 27 (c) A person commits armed violence when he or she 28 personally discharges a firearm that is a Category I or 29 Category II weapon that proximately causes great bodily harm, 30 permanent disability, or permanent disfigurement or death to 31 another person while committing any felony defined by -2- LRB9111679RCsb 1 Illinois law, except first degree murder, attempted first 2 degree murder, intentional homicide of an unborn child, 3 predatory criminal sexual assault of a child, aggravated 4 criminal sexual assault, aggravated kidnaping, aggravated 5 battery of a child, home invasion, armed robbery, or 6 aggravated vehicular hijacking. 7 (d) This Section does not apply to violations of the 8 Fish and Aquatic Life Code or the Wildlife Code. 9 (Source: P.A. 91-404, eff. 1-1-00.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.