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Public Act 095-0801
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| HB5909 Enrolled |
LRB095 17690 RLC 46282 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 |
Section 31-1 as follows:
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(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
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Sec. 31-1. Resisting or obstructing a peace officer, |
firefighter, or correctional
institution employee.
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(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
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authorized act within his official capacity commits a Class A |
misdemeanor.
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(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
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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.
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(a-7) A person convicted for a violation of this Section |
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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.
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(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
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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
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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.
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(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 |