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92_HB4179gms
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
GEORGE H. RYAN
GOVERNOR
August 21, 2002
To the Honorable Members of the
Illinois House of Representatives
92nd General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex Rel.
Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387
(1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d
356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return House Bill 4179, entitled "AN ACT in relation to
criminal law," with my specific recommendations for change.
House Bill 4179 amends the Criminal Code to amend the
offense of aggravated assault concerning emergency medical
technicians (EMTs) and other medical assistance personnel. It
deletes the requirements that the EMT must be an employee of
a municipality or other governmental unit. This legislation
also ensures that employees of a police or sheriff's
department engaged in the performance of authorized duties
are protected under the aggravated assault and aggravated
battery laws. This legislation also increases the penalty for
aggravated assault of an emergency medical technician when a
firearm is used from a Class A misdemeanor (up to 1 year in
county jail and/or fine up to $2,500) to a Class 4 felony (1
to 3 years in prison and/or fine up to $25,000).
Emergency medical technicians, as well as police officers
and firefighters, have a difficult job. The same holds true
for employees of a police department. Any protection that
these professions can receive from crimes committed against
them is important because we depend on these public safety
professions to protect us. The least we can do is protect
them and penalize those who prevent the performance of their
duties. I do not disagree with the purpose of such
legislation to equalize such offenses as aggravated assault
or aggravated battery when the victim is an EMT or employee
of a law enforcement agency. However, there are some
inconsistencies in language of this legislation that need to
be corrected. Both of the aggravated assault and aggravated
battery statutes have sections that reference "official
duties", as opposed to "authorized" which is the language
being used in this legislation. Furthermore, there were some
inadvertent errors that must be corrected. To ensure
consistency, clarify other provisions, and prevent court
challenges, I recommend the changes set forth below.
In addition, because of the importance of this
legislation, I request that the effective date of this
legislation be amended as to have the original effective date
as this legislation had when it came to my desk. Any
amendatory veto action would move the effective date to June
1, 2003, unless otherwise stated. Thus, I also recommend that
this legislation state the effective date as January 1, 2003.
For these reasons, I return House Bill 4179 with the
following recommendations for change:
On page 3, lines 10 and 14, by replacing "official" each
time it appears with "official";
On page 4, line 20, by replacing "authorized" with
"official"; and
On page 8, line 13, by inserting "engaged" after
"department"; and
On page 8, line 14, by replacing "authorized" with
"official"; and
On page 9, by inserting after line 12 the following:
"Section 99. Effective date. This Act takes effect
January 1, 2003.".
With these specific recommendations for change, House
Bill 4179 will have my approval. I respectfully request your
concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor