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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB6873
Introduced 02/09/04, by Chapin Rose - John J. Millner SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-4 |
from Ch. 38, par. 12-4 |
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Amends the Criminal Code of 1961. Reduces the number of factors that enhances a battery to an aggravated battery. Provides that a person who commits the offense of battery resulting in substantial risk of death or causes serious permanent disfigurement or impairment of a bodily function commits aggravated battery. Provides that a person, who in committing a battery, knows that the individual harmed was acting in the course of his or her professional or official duties in providing a function of health, safety, or general welfare to another or the public as a whole commits aggravated battery.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6873 |
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LRB093 17798 RLC 43478 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 12-4 as follows:
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| (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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| Sec. 12-4. Aggravated Battery.
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| (a) A person who commits the offense of battery resulting |
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| in substantial risk of death or causes serious permanent |
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| disfigurement or impairment of a bodily function , in committing |
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| a battery, intentionally or knowingly
causes great bodily harm, |
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| or permanent disability or disfigurement commits
aggravated |
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| battery.
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| (b) In committing a battery, a person commits aggravated |
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| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of |
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| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to |
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| conceal his
identity;
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| (3) Knows that the individual harmed was acting in the |
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| course of his or her professional or official duties in |
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| providing a function of health, safety, or general welfare |
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| to another or the public as a whole
Knows the individual |
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| harmed to be a teacher or other person
employed in any |
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| school and such teacher or other employee is upon the
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| grounds of a school or grounds adjacent thereto, or is in |
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| any part of a
building used for school purposes ;
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| (4) (Blank)
Knows the individual harmed to be a |
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| supervisor, director,
instructor or other person employed |
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| in any park district and such
supervisor, director, |
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| instructor or other employee is upon the grounds
of the |
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| park or grounds adjacent thereto, or is in any part of a |
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HB6873 |
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LRB093 17798 RLC 43478 b |
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| building
used for park purposes ;
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| (5) (Blank)
Knows the individual harmed to be a |
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| caseworker, investigator, or
other person employed by the |
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| State Department of Public Aid, a County
Department of |
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| Public Aid, or the Department of Human Services (acting as
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| successor to the Illinois Department of Public Aid under |
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| the Department of
Human Services Act) and such caseworker, |
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| investigator, or other
person is upon the grounds of a |
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| public aid office or grounds adjacent
thereto, or is in any |
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| part of a building used for public aid purposes,
or upon |
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| the grounds of a home of a public aid applicant, recipient, |
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| or
any other person being interviewed or investigated in |
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| the employee's
discharge of his duties, or on grounds |
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| adjacent thereto, or is in any
part of a building in which |
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| the applicant, recipient, or other such
person resides or |
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| is located ;
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| (6) (Blank)
Knows the individual harmed to be a peace |
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| officer, a community
policing volunteer, a correctional |
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| institution employee, an employee
of the Department of |
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| Human Services supervising or controlling sexually
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| dangerous persons or sexually violent persons, or a fireman |
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| while
such officer, volunteer, employee or fireman is |
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| engaged in the execution of
any official duties including |
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| arrest or attempted arrest, or to prevent the
officer, |
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| volunteer, employee or fireman from performing official |
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| duties, or in
retaliation for the officer, volunteer, |
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| employee or fireman performing official
duties, and the |
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| battery is committed other than by the discharge of a |
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| firearm ;
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| (7) (Blank)
Knows the individual harmed to be an |
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| emergency medical technician -
ambulance, emergency |
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| medical technician - intermediate, emergency medical
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| technician - paramedic, ambulance driver, other medical |
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| assistance, first
aid personnel, or hospital personnel |
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| engaged in the
performance of any of his or her official |
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| duties,
or to prevent the emergency medical technician - |
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HB6873 |
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LRB093 17798 RLC 43478 b |
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| ambulance, emergency medical
technician - intermediate, |
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| emergency medical technician - paramedic, ambulance
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| driver, other medical assistance, first aid personnel, or
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| hospital personnel from performing
official duties, or in |
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| retaliation for performing official duties ;
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| (8) (Blank)
Is, or the person battered is, on or about |
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| a public way, public
property or public place of |
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| accommodation or amusement ;
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| (9) (Blank)
Knows the individual harmed to be the |
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| driver, operator, employee
or passenger of any |
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| transportation facility or system engaged in the
business |
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| of transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using |
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| such public
transportation as a passenger or using any area |
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| of any description
designated by the transportation |
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| facility or system as a vehicle
boarding, departure, or |
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| transfer location ;
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| (10) Knowingly and without legal justification and by |
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| any means
causes bodily harm to an individual of 60 years |
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| of age or older;
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| (11) Knows the individual harmed is pregnant;
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| (12) (Blank)
Knows the individual harmed to be a judge |
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| whom the
person intended to harm as a result of the judge's |
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| performance of his or
her official duties as a judge ;
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| (13) (Blank)
Knows the individual harmed to be an |
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| employee of the Illinois
Department of Children and Family |
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| Services engaged in the performance of
his authorized |
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| duties as such employee ;
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| (14) Knows the individual harmed to be a person who is |
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| physically
handicapped;
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| (15) Knowingly and without legal justification and by |
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| any means causes
bodily harm to a merchant who detains the |
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| person for an alleged commission of
retail theft under |
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| Section 16A-5 of this Code.
In this item (15), "merchant" |
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| has the meaning ascribed to it in Section
16A-2.4 of this |
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| Code;
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LRB093 17798 RLC 43478 b |
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| (16) (Blank)
Is, or the person battered is, in any |
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| building or other structure
used to provide shelter or |
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| other services to victims or to the dependent
children of |
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| victims of domestic violence pursuant to the Illinois |
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| Domestic
Violence Act of 1986 or the Domestic Violence |
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| Shelters Act, or the person
battered is within 500 feet of |
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| such a building or other structure while going
to or from |
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| such a building or other structure. "Domestic violence" has |
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| the
meaning ascribed to it in Section 103 of the Illinois |
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| Domestic Violence Act of
1986. "Building or other structure |
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| used to provide shelter" has the meaning
ascribed to |
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| "shelter" in Section 1 of the Domestic Violence Shelters |
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| Act ; or
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| (17) (Blank)
Knows the individual harmed to be an |
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| employee of a police or
sheriff's department engaged in the |
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| performance of his or her official duties
as such employee .
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| For the purpose of paragraph (14) of subsection (b) of this |
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| Section, a
physically handicapped person is a person who |
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| suffers from a permanent and
disabling physical |
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| characteristic, resulting from disease, injury,
functional |
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| disorder or congenital condition.
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| (c) A person who administers to an individual or causes him |
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| to take,
without his consent or by threat or deception, and for |
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| other than
medical purposes, any intoxicating, poisonous, |
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| stupefying, narcotic,
anesthetic, or controlled substance |
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| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food |
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| that
contains any substance or object that is intended to cause |
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| physical
injury if eaten, commits aggravated battery.
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| (d-3) (Blank)
A person commits aggravated battery when he |
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| or she knowingly and
without lawful justification shines or |
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| flashes a laser gunsight or other laser
device that is attached |
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| or affixed to a firearm, or used in concert with a
firearm, so |
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| that the laser beam strikes upon or against the person of |
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| another .
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| (d-5) An inmate of a penal institution or a sexually |
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HB6873 |
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LRB093 17798 RLC 43478 b |
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| dangerous person or a
sexually violent person in the custody of |
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| the Department of Human Services
who causes or attempts to |
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| cause a
correctional employee of the penal institution or an |
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| employee of the
Department of Human Services to come into |
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| contact with blood,
seminal fluid, urine, or feces, by |
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| throwing, tossing, or expelling that fluid
or material commits |
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| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a |
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| penal institution.
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| (e) Sentence.
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| Aggravated battery is a Class 3 felony, except a violation |
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| of subsection (a)
is a Class 2 felony when the person knows the |
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| individual harmed to be a peace
officer engaged in the |
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| execution of any of his or her official duties, or the
battery |
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| is to prevent the officer from performing his or her official |
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| duties,
or in retaliation for the officer performing his or her |
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| official duties.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-516, eff. 1-1-02; 92-841, |
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| eff.
8-22-02; 92-865, eff. 1-3-03; 93-83, eff. 7-2-03.)
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