92nd General Assembly
Summary of HB4179
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House Sponsors:
CAPPARELLI-BUGIELSKI-LYONS,JOSEPH-BURKE-DART, ACEVEDO, 
   FRITCHEY, HASSERT, MCAULIFFE, SAVIANO, WOJCIK, 
   CROTTY AND OSMOND.

Senate Sponsors:
MADIGAN,L-HAWKINSON-DEMUZIO-DUDYCZ-VIVERITO

Short description: 
CRIM CD-AGG ASSAULT-EMT                                                    

Synopsis of Bill as introduced:
        Amends the  Criminal  Code  of  1961.  Provides  that  aggravated      
   assault  committed  against  a person known to be an emergency medical      
   technician, paramedic, ambulance driver, or other  medical  assistance      
   or   first   aid   personnel  employed  by  a  municipality  or  other      
   governmental unit engaged in the execution  of  his  or  her  official      
   duties,  or  to prevent the performance of his or her official duties,      
   or in retaliation for the performance of his or her official duties is      
   a Class 4 felony (rather than a Class A misdemeanor) if a  firearm  is      
   used in the commission of the assault.                                      
          JUDICIAL NOTE (Illinois Courts Administrative Office)                
          HB 4179 would neither increase nor decrease the number of            
          judges needed in the State.                                          
          FISCAL NOTE (Department of Corrections)                              
          HB 4179 would cause an increase of 3 inmates in the                  
          corrections population and would have a fiscal impact of             
          $749,200.                                                            
          CORRECTIONAL NOTE (Department of Corrections)                        
          Same as DOC fiscal note.                                             
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          720 ILCS 5/12-4                 from Ch. 38, par. 12-4               
        Provides that it is aggravated assault or aggravated  battery  if      
   the  defendant  knows  that  the  individual assaulted or harmed is an      
   employee  of  a  police  or  sheriff's  department  engaged   in   the      
   performance  of  his  or  her  authorized  duties  as  such  employee.      
   Eliminates  from  the  statute  defining  the  offense  of  aggravated      
   assault,  that  the  emergency  medical  technician  or  other medical      
   assistance or first aid personnel must be employed by  a  municipality      
   or other governmental unit.                                                 
        SENATE AMENDMENT NO. 2.                                                
        Makes the same changes as Senate Amendment No. 1, except that it       
   restores, as an element of the offense when committed against an            
   emergency medical technician, ambulance driver or other medical             
   assistance or first aid personnel, a requirement that the person knows      
   that he or she is assaulting the victim while the victim is performing      
   his or her official duties (rather than his or her duties), or that         
   the person knows that he or she is assaulting the victim to prevent         
   him or her from performing his or her official duties (rather than his      
   or her duties) or in retaliation for the performance of his or her          
   official duties (rather than his or her duties).                            
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends that references to "official" duties be restored in         
   the aggravated assault statute in relation to the commission of an          
   aggravated assault being committed against an emergency medical             
   technician, ambulance driver, or other medical assistance or first aid      
   personnel in the performance of his or her duties. In the aggravated        
   battery statute, provides that the sheriff or police employee harmed        
   must be engaged in the performance of his or her official duties            
   rather than authorized duties. Adds a January 1, 2003 effective date.       
 
Last action on Bill: PUBLIC ACT.............................. 92-0865

   Last action date: JAN-03-2003

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   2


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