Public Act 095-0801
 
HB5909 Enrolled LRB095 17690 RLC 46282 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 31-1 as follows:
 
    (720 ILCS 5/31-1)  (from Ch. 38, par. 31-1)
    Sec. 31-1. Resisting or obstructing a peace officer,
firefighter, or correctional institution employee.
    (a) A person who knowingly resists or obstructs the
performance by one known to the person to be a peace officer,
firefighter, or correctional institution employee of any
authorized act within his official capacity commits a Class A
misdemeanor.
    (a-5) In addition to any other sentence that may be
imposed, a court shall order any person convicted of resisting
or obstructing a peace officer, firefighter, or correctional
institution employee to be sentenced to a minimum of 48
consecutive hours of imprisonment or ordered to perform
community service for not less than 100 hours as may be
determined by the court. The person shall not be eligible for
probation in order to reduce the sentence of imprisonment or
community service.
    (a-7) A person convicted for a violation of this Section
whose violation was the proximate cause of an injury to a peace
officer, firefighter, or correctional institution employee is
guilty of a Class 4 felony.
    (b) For purposes of this Section, "correctional
institution employee" means any person employed to supervise
and control inmates incarcerated in a penitentiary, State farm,
reformatory, prison, jail, house of correction, police
detention area, half-way house, or other institution or place
for the incarceration or custody of persons under sentence for
offenses or awaiting trial or sentence for offenses, under
arrest for an offense, a violation of probation, a violation of
parole, or a violation of mandatory supervised release, or
awaiting a bail setting hearing or preliminary hearing, or who
are sexually dangerous persons or who are sexually violent
persons; and "firefighter" means any individual, either as an
employee or volunteer, of a regularly constituted fire
department of a municipality or fire protection district who
performs fire fighting duties, including, but not limited to,
the fire chief, assistant fire chief, captain, engineer,
driver, ladder person, hose person, pipe person, and any other
member of a regularly constituted fire department.
"Firefighter" also means a person employed by the Office of the
State Fire Marshal to conduct arson investigations.
    (c) It is an affirmative defense to a violation of this
Section if a person resists or obstructs the performance of one
known by the person to be a firefighter by returning to or
remaining in a dwelling, residence, building, or other
structure to rescue or to attempt to rescue any person.
(Source: P.A. 92-841, eff. 8-22-02.)