093_HB1547ham002











                                     LRB093 09160 RLC 14015 a

 1                    AMENDMENT TO HOUSE BILL 1547

 2        AMENDMENT NO.     .  Amend House Bill 1547,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section  5.  The Criminal Code of  1961  is  amended  by
 6    changing Section 31-1 as follows:

 7        (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
 8        Sec.  31-1.  Resisting or obstructing a peace officer, or
 9    correctional  institution  employee,  probation  officer,  or
10    parole officer.
11        (a)  A person who  knowingly  resists  or  obstructs  the
12    performance by one known to the person to be a peace officer,
13    or  correctional  institution employee, probation officer, or
14    parole officer of any  authorized  act  within  his  official
15    capacity commits a Class A misdemeanor.
16        (a-5)  In  addition  to  any  other  sentence that may be
17    imposed,  a  court  shall  order  any  person  convicted   of
18    resisting   or  obstructing  a  peace  officer,  correctional
19    institution employee, probation officer, or parole officer to
20    be  sentenced  to  a  minimum  of  48  consecutive  hours  of
21    imprisonment or ordered to perform community service for  not
22    less  than  100  hours as may be determined by the court. The
 
                            -2-      LRB093 09160 RLC 14015 a
 1    person shall not be eligible for probation in order to reduce
 2    the sentence of imprisonment or community service.
 3        (a-7)  A person convicted for a violation of this Section
 4    whose violation was the proximate cause of  an  injury  to  a
 5    peace  officer,  correctional institution employee, probation
 6    officer, or parole officer is guilty of a Class 3 4 felony.
 7        (a-8)  A person who, having been  given  a  signal  by  a
 8    peace  officer,  correctional institution employee, probation
 9    officer, or parole officer that he or she  is  under  arrest,
10    willfully  flees or attempts to elude the officer or employee
11    is guilty of a Class 4 felony.
12        (b)  For purposes of this Section:,
13        "Correctional  institution  employee"  means  any  person
14    employed to supervise and control inmates incarcerated  in  a
15    penitentiary, State farm, reformatory, prison, jail, house of
16    correction,  police  detention area, half-way house, or other
17    institution or place for  the  incarceration  or  custody  of
18    persons  under  sentence  for  offenses  or awaiting trial or
19    sentence  for  offenses,  under  arrest  for  an  offense,  a
20    violation of probation, a violation of parole, or a violation
21    of mandatory supervised release, or awaiting a  bail  setting
22    hearing or preliminary hearing, or who are sexually dangerous
23    persons or who are sexually violent persons.
24        "Probation  officer"  has  the  meaning ascribed to it in
25    Section 9b of the Probation and Probation Officers Act.
26    (Source: P.A. 92-841, eff. 8-22-02.)".