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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||
4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||||||||||||
5 | Sections 10-2, 12-2, 12-4, 18-5, 20-1.1, and 24-1.6 and by | ||||||||||||||||||||||||||||||||||||
6 | adding Section 2-8.5 as follows: | ||||||||||||||||||||||||||||||||||||
7 | (720 ILCS 5/2-8.5 new) | ||||||||||||||||||||||||||||||||||||
8 | Sec. 2-8.5. Gang member. "Gang member" has the meaning | ||||||||||||||||||||||||||||||||||||
9 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||||||||||||||||||||||||||||||||
10 | Terrorism Omnibus Prevention Act.
| ||||||||||||||||||||||||||||||||||||
11 | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
| ||||||||||||||||||||||||||||||||||||
12 | Sec. 10-2. Aggravated kidnaping.
| ||||||||||||||||||||||||||||||||||||
13 | (a) A kidnaper within the
definition of paragraph (a) of | ||||||||||||||||||||||||||||||||||||
14 | Section 10-1 is guilty of the offense of
aggravated kidnaping | ||||||||||||||||||||||||||||||||||||
15 | when he:
| ||||||||||||||||||||||||||||||||||||
16 | (1) Kidnaps for the purpose of obtaining ransom from | ||||||||||||||||||||||||||||||||||||
17 | the person
kidnaped or from any other person, or
| ||||||||||||||||||||||||||||||||||||
18 | (2) Takes as his victim a child under the age of 13 | ||||||||||||||||||||||||||||||||||||
19 | years, or a severely or profoundly mentally retarded | ||||||||||||||||||||||||||||||||||||
20 | person, or
| ||||||||||||||||||||||||||||||||||||
21 | (3) Inflicts great bodily harm, other than by the | ||||||||||||||||||||||||||||||||||||
22 | discharge of a
firearm, or commits another felony upon his
| ||||||||||||||||||||||||||||||||||||
23 | victim, or
| ||||||||||||||||||||||||||||||||||||
24 | (4) Wears a hood, robe or mask or conceals his | ||||||||||||||||||||||||||||||||||||
25 | identity, or
| ||||||||||||||||||||||||||||||||||||
26 | (5) Commits the offense of kidnaping while armed with a | ||||||||||||||||||||||||||||||||||||
27 | dangerous
weapon, other than a firearm, as defined in | ||||||||||||||||||||||||||||||||||||
28 | Section 33A-1 of the "Criminal
Code of 1961", or
| ||||||||||||||||||||||||||||||||||||
29 | (6) Commits the offense of kidnaping while armed with a | ||||||||||||||||||||||||||||||||||||
30 | firearm, or
| ||||||||||||||||||||||||||||||||||||
31 | (7) During the commission of the offense of kidnaping, |
| |||||||
|
|||||||
1 | personally
discharged a firearm, or
| ||||||
2 | (8) During the commission of the offense of kidnaping, | ||||||
3 | personally
discharged a firearm that proximately caused | ||||||
4 | great bodily harm, permanent
disability, permanent | ||||||
5 | disfigurement, or death to another person , or | ||||||
6 | (9) Is a gang member .
| ||||||
7 | As used in this Section, "ransom" includes money, benefit | ||||||
8 | or other
valuable thing or concession.
| ||||||
9 | (b) Sentence. Aggravated kidnaping
in violation of | ||||||
10 | paragraph (1), (2), (3), (4), or (5) , or (9) of subsection (a)
| ||||||
11 | is a Class X felony.
A violation of subsection (a)(6) is a | ||||||
12 | Class X felony for which 15 years
shall be added to the term of | ||||||
13 | imprisonment imposed by the court. A violation of
subsection | ||||||
14 | (a)(7) is a Class X felony for which 20 years shall be added to | ||||||
15 | the
term of imprisonment imposed by the court. A violation of | ||||||
16 | subsection (a)(8) is
a Class X felony for which 25 years or up | ||||||
17 | to a term of natural life shall be
added to the term of | ||||||
18 | imprisonment imposed by the court.
| ||||||
19 | A person who is convicted of a second or subsequent offense | ||||||
20 | of
aggravated kidnaping shall be sentenced to a term of natural | ||||||
21 | life imprisonment;
provided, however, that a sentence of | ||||||
22 | natural life imprisonment shall not be
imposed under this | ||||||
23 | Section unless the second or subsequent offense was
committed | ||||||
24 | after conviction on the first offense.
| ||||||
25 | (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02.)
| ||||||
26 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||
27 | Sec. 12-2. Aggravated assault.
| ||||||
28 | (a) A person commits an aggravated assault, when, in | ||||||
29 | committing an
assault, he:
| ||||||
30 | (1) Uses a deadly weapon or any device manufactured and | ||||||
31 | designed to be
substantially similar in appearance to a | ||||||
32 | firearm, other than by
discharging a firearm in the | ||||||
33 | direction of another person, a peace
officer, a person | ||||||
34 | summoned or directed by a peace officer, a correctional
| ||||||
35 | officer or a fireman or in the direction of a vehicle |
| |||||||
|
|||||||
1 | occupied by another
person, a peace officer, a person | ||||||
2 | summoned or directed by a peace officer,
a correctional | ||||||
3 | officer or a fireman while the officer or fireman is
| ||||||
4 | engaged in the execution of any of his official duties, or | ||||||
5 | to prevent the
officer or fireman from performing his | ||||||
6 | official duties, or in retaliation
for the officer or | ||||||
7 | fireman performing his official duties;
| ||||||
8 | (2) Is hooded, robed or masked in such manner as to | ||||||
9 | conceal his
identity or any device manufactured and | ||||||
10 | designed to be substantially
similar in appearance to a | ||||||
11 | firearm;
| ||||||
12 | (3) Knows the individual assaulted to be a teacher or | ||||||
13 | other person
employed in any school and such teacher or | ||||||
14 | other employee is upon the
grounds of a school or grounds | ||||||
15 | adjacent thereto, or is in any part of a
building used for | ||||||
16 | school purposes;
| ||||||
17 | (4) Knows the individual assaulted to be a supervisor, | ||||||
18 | director,
instructor or other person employed in any park | ||||||
19 | district and such
supervisor, director, instructor or | ||||||
20 | other employee is upon the grounds of
the park or grounds | ||||||
21 | adjacent thereto, or is in any part of a building used
for | ||||||
22 | park purposes;
| ||||||
23 | (5) Knows the individual assaulted to be a caseworker, | ||||||
24 | investigator, or
other person employed by the State | ||||||
25 | Department of Public Aid, a
County
Department of Public | ||||||
26 | Aid, or the Department of Human Services (acting as
| ||||||
27 | successor to the Illinois Department of Public Aid under | ||||||
28 | the Department of
Human Services Act) and such caseworker, | ||||||
29 | investigator, or other person
is upon the grounds of a | ||||||
30 | public aid office or grounds adjacent thereto, or
is in any | ||||||
31 | part of a building used for public aid purposes, or upon | ||||||
32 | the
grounds of a home of a public aid applicant, recipient | ||||||
33 | or any other person
being interviewed or investigated in | ||||||
34 | the employees' discharge of his
duties, or on grounds | ||||||
35 | adjacent thereto, or is in any part of a building in
which | ||||||
36 | the applicant, recipient, or other such person resides or |
| |||||||
|
|||||||
1 | is located;
| ||||||
2 | (6) Knows the individual assaulted to be a peace | ||||||
3 | officer, or a community
policing volunteer, or a fireman
| ||||||
4 | while the officer or fireman is engaged in the execution of | ||||||
5 | any of his
official duties, or to prevent the officer, | ||||||
6 | community policing volunteer,
or fireman from performing
| ||||||
7 | his official duties, or in retaliation for the officer, | ||||||
8 | community policing
volunteer, or fireman
performing his | ||||||
9 | official duties, and the assault is committed other than by
| ||||||
10 | the discharge of a firearm in the direction of the officer | ||||||
11 | or fireman or
in the direction of a vehicle occupied by the | ||||||
12 | officer or fireman;
| ||||||
13 | (7) Knows the individual assaulted to be
an emergency | ||||||
14 | medical technician - ambulance, emergency medical
| ||||||
15 | technician - intermediate, emergency medical technician - | ||||||
16 | paramedic, ambulance
driver or other medical
assistance or | ||||||
17 | first aid personnel engaged in the
execution of any of his | ||||||
18 | official duties, or to prevent the
emergency medical | ||||||
19 | technician - ambulance, emergency medical
technician - | ||||||
20 | intermediate, emergency medical technician - paramedic,
| ||||||
21 | ambulance driver, or other medical assistance or first aid | ||||||
22 | personnel from
performing his official duties, or in | ||||||
23 | retaliation for the
emergency medical technician - | ||||||
24 | ambulance, emergency medical
technician - intermediate, | ||||||
25 | emergency medical technician - paramedic,
ambulance | ||||||
26 | driver, or other medical assistance or first aid personnel
| ||||||
27 | performing his official duties;
| ||||||
28 | (8) Knows the individual assaulted to be the driver, | ||||||
29 | operator, employee
or passenger of any transportation | ||||||
30 | facility or system engaged in the
business of | ||||||
31 | transportation of the public for hire and the individual
| ||||||
32 | assaulted is then performing in such capacity or then using | ||||||
33 | such public
transportation as a passenger or using any area | ||||||
34 | of any description
designated by the transportation | ||||||
35 | facility or system as a vehicle boarding,
departure, or | ||||||
36 | transfer location;
|
| |||||||
|
|||||||
1 | (9) Or the individual assaulted is on or about a public | ||||||
2 | way, public
property, or public place of accommodation or | ||||||
3 | amusement;
| ||||||
4 | (10) Knows the individual assaulted to be an employee | ||||||
5 | of the State of
Illinois, a municipal corporation therein | ||||||
6 | or a political subdivision
thereof, engaged in the | ||||||
7 | performance of his authorized duties as such
employee;
| ||||||
8 | (11) Knowingly and without legal justification, | ||||||
9 | commits an assault on
a physically handicapped person;
| ||||||
10 | (12) Knowingly and without legal justification, | ||||||
11 | commits an assault on a
person 60 years of age or older;
| ||||||
12 | (13) Discharges a firearm;
| ||||||
13 | (14) Knows the individual assaulted to be a | ||||||
14 | correctional officer, while
the officer is engaged in the | ||||||
15 | execution of any of his or her official duties,
or to | ||||||
16 | prevent the officer from performing his or her official | ||||||
17 | duties, or in
retaliation for the officer performing his or | ||||||
18 | her official duties;
| ||||||
19 | (15) Knows the individual assaulted to be a | ||||||
20 | correctional employee or
an employee of the Department of | ||||||
21 | Human Services supervising or controlling
sexually | ||||||
22 | dangerous persons or sexually violent persons, while
the | ||||||
23 | employee is engaged in the execution of any of his or her | ||||||
24 | official duties,
or to prevent the employee from performing | ||||||
25 | his or her official duties, or in
retaliation for the | ||||||
26 | employee performing his or her official duties, and the
| ||||||
27 | assault is committed other than by the discharge of a | ||||||
28 | firearm in the direction
of the employee or in the | ||||||
29 | direction of a vehicle occupied by the employee;
or
| ||||||
30 | (16) Knows the individual assaulted to be an employee | ||||||
31 | of a police or
sheriff's department engaged in the | ||||||
32 | performance of his or her official duties
as such employee.
| ||||||
33 | (a-5) A person commits an aggravated assault when he or she | ||||||
34 | knowingly and
without lawful justification shines or flashes a | ||||||
35 | laser gunsight or other laser
device that is attached or | ||||||
36 | affixed to a firearm, or used in concert with a
firearm, so |
| |||||||
|
|||||||
1 | that the laser beam strikes near or in the immediate vicinity | ||||||
2 | of
any person. | ||||||
3 | (a-6) A person commits an aggravated assault when he or she | ||||||
4 | commits an assault and at the time of the commission of the | ||||||
5 | assault was a gang member.
| ||||||
6 | (b) Sentence.
| ||||||
7 | Aggravated assault as defined in paragraphs (1) through (5) | ||||||
8 | and (8) through
(12) of subsection (a) of this Section is a | ||||||
9 | Class A misdemeanor. Aggravated
assault as defined in | ||||||
10 | paragraphs (13), (14), and (15) of subsection (a) of this
| ||||||
11 | Section and as defined in subsections
subsection (a-5) and | ||||||
12 | (a-6) of this Section is a Class 4
felony. Aggravated assault | ||||||
13 | as defined in paragraphs
(6), (7), and (16) of
subsection (a) | ||||||
14 | of this Section is a Class A misdemeanor if a firearm is not
| ||||||
15 | used in the commission of the assault. Aggravated assault as | ||||||
16 | defined in
paragraphs (6), (7), and (16) of subsection (a) of | ||||||
17 | this
Section is a Class 4 felony if a firearm is used in the | ||||||
18 | commission of the
assault.
| ||||||
19 | (Source: P.A. 91-672, eff. 1-1-00; 92-841, eff. 8-22-02; | ||||||
20 | 92-865, eff.
1-3-03; revised 1-9-03.)
| ||||||
21 | (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
| ||||||
22 | Sec. 12-4. Aggravated Battery.
| ||||||
23 | (a) A person who, in committing a battery, intentionally or | ||||||
24 | knowingly
causes great bodily harm, or permanent disability or | ||||||
25 | disfigurement commits
aggravated battery.
| ||||||
26 | (b) In committing a battery, a person commits aggravated | ||||||
27 | battery if he or
she:
| ||||||
28 | (1) Uses a deadly weapon other than by the discharge of | ||||||
29 | a firearm;
| ||||||
30 | (2) Is hooded, robed or masked, in such manner as to | ||||||
31 | conceal his
identity;
| ||||||
32 | (3) Knows the individual harmed to be a teacher or | ||||||
33 | other person
employed in any school and such teacher or | ||||||
34 | other employee is upon the
grounds of a school or grounds | ||||||
35 | adjacent thereto, or is in any part of a
building used for |
| |||||||
|
|||||||
1 | school purposes;
| ||||||
2 | (4) Knows the individual harmed to be a supervisor, | ||||||
3 | director,
instructor or other person employed in any park | ||||||
4 | district and such
supervisor, director, instructor or | ||||||
5 | other employee is upon the grounds
of the park or grounds | ||||||
6 | adjacent thereto, or is in any part of a building
used for | ||||||
7 | park purposes;
| ||||||
8 | (5) Knows the individual harmed to be a caseworker, | ||||||
9 | investigator, or
other person employed by the State | ||||||
10 | Department of Public Aid, a County
Department of Public | ||||||
11 | Aid, or the Department of Human Services (acting as
| ||||||
12 | successor to the Illinois Department of Public Aid under | ||||||
13 | the Department of
Human Services Act) and such caseworker, | ||||||
14 | investigator, or other
person is upon the grounds of a | ||||||
15 | public aid office or grounds adjacent
thereto, or is in any | ||||||
16 | part of a building used for public aid purposes,
or upon | ||||||
17 | the grounds of a home of a public aid applicant, recipient, | ||||||
18 | or
any other person being interviewed or investigated in | ||||||
19 | the employee's
discharge of his duties, or on grounds | ||||||
20 | adjacent thereto, or is in any
part of a building in which | ||||||
21 | the applicant, recipient, or other such
person resides or | ||||||
22 | is located;
| ||||||
23 | (6) Knows the individual harmed to be a peace officer, | ||||||
24 | a community
policing volunteer, a correctional institution | ||||||
25 | employee, an employee
of the Department of Human Services | ||||||
26 | supervising or controlling sexually
dangerous persons or | ||||||
27 | sexually violent persons, or a fireman while
such officer, | ||||||
28 | volunteer, employee or fireman is engaged in the execution | ||||||
29 | of
any official duties including arrest or attempted | ||||||
30 | arrest, or to prevent the
officer, volunteer, employee or | ||||||
31 | fireman from performing official duties, or in
retaliation | ||||||
32 | for the officer, volunteer, employee or fireman performing | ||||||
33 | official
duties, and the battery is committed other than by | ||||||
34 | the discharge of a firearm;
| ||||||
35 | (7) Knows the individual harmed to be an emergency | ||||||
36 | medical technician -
ambulance, emergency medical |
| |||||||
|
|||||||
1 | technician - intermediate, emergency medical
technician - | ||||||
2 | paramedic, ambulance driver, other medical assistance, | ||||||
3 | first
aid personnel, or hospital personnel engaged in the
| ||||||
4 | performance of any of his or her official duties,
or to | ||||||
5 | prevent the emergency medical technician - ambulance, | ||||||
6 | emergency medical
technician - intermediate, emergency | ||||||
7 | medical technician - paramedic, ambulance
driver, other | ||||||
8 | medical assistance, first aid personnel, or
hospital | ||||||
9 | personnel from performing
official duties, or in | ||||||
10 | retaliation for performing official duties;
| ||||||
11 | (8) Is, or the person battered is, on or about a public | ||||||
12 | way, public
property or public place of accommodation or | ||||||
13 | amusement;
| ||||||
14 | (9) Knows the individual harmed to be the driver, | ||||||
15 | operator, employee
or passenger of any transportation | ||||||
16 | facility or system engaged in the
business of | ||||||
17 | transportation of the public for hire and the individual
| ||||||
18 | assaulted is then performing in such capacity or then using | ||||||
19 | such public
transportation as a passenger or using any area | ||||||
20 | of any description
designated by the transportation | ||||||
21 | facility or system as a vehicle
boarding, departure, or | ||||||
22 | transfer location;
| ||||||
23 | (10) Knowingly and without legal justification and by | ||||||
24 | any means
causes bodily harm to an individual of 60 years | ||||||
25 | of age or older;
| ||||||
26 | (11) Knows the individual harmed is pregnant;
| ||||||
27 | (12) Knows the individual harmed to be a judge whom the
| ||||||
28 | person intended to harm as a result of the judge's | ||||||
29 | performance of his or
her official duties as a judge;
| ||||||
30 | (13) Knows the individual harmed to be an employee of | ||||||
31 | the Illinois
Department of Children and Family Services | ||||||
32 | engaged in the performance of
his authorized duties as such | ||||||
33 | employee;
| ||||||
34 | (14) Knows the individual harmed to be a person who is | ||||||
35 | physically
handicapped;
| ||||||
36 | (15) Knowingly and without legal justification and by |
| |||||||
|
|||||||
1 | any means causes
bodily harm to a merchant who detains the | ||||||
2 | person for an alleged commission of
retail theft under | ||||||
3 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
4 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
5 | Code;
| ||||||
6 | (16) Is, or the person battered is, in any building or | ||||||
7 | other structure
used to provide shelter or other services | ||||||
8 | to victims or to the dependent
children of victims of | ||||||
9 | domestic violence pursuant to the Illinois Domestic
| ||||||
10 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
11 | or the person
battered is within 500 feet of such a | ||||||
12 | building or other structure while going
to or from such a | ||||||
13 | building or other structure. "Domestic violence" has the
| ||||||
14 | meaning ascribed to it in Section 103 of the Illinois | ||||||
15 | Domestic Violence Act of
1986. "Building or other structure | ||||||
16 | used to provide shelter" has the meaning
ascribed to | ||||||
17 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
18 | Act; or
| ||||||
19 | (17) Knows the individual harmed to be an employee of a | ||||||
20 | police or
sheriff's department engaged in the performance | ||||||
21 | of his or her official duties
as such employee.
| ||||||
22 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
23 | Section, a
physically handicapped person is a person who | ||||||
24 | suffers from a permanent and
disabling physical | ||||||
25 | characteristic, resulting from disease, injury,
functional | ||||||
26 | disorder or congenital condition.
| ||||||
27 | (c) A person who administers to an individual or causes him | ||||||
28 | to take,
without his consent or by threat or deception, and for | ||||||
29 | other than
medical purposes, any intoxicating, poisonous, | ||||||
30 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
31 | commits aggravated battery.
| ||||||
32 | (d) A person who knowingly gives to another person any food | ||||||
33 | that
contains any substance or object that is intended to cause | ||||||
34 | physical
injury if eaten, commits aggravated battery.
| ||||||
35 | (d-3) A person commits aggravated battery when he or she | ||||||
36 | knowingly and
without lawful justification shines or flashes a |
| |||||||
|
|||||||
1 | laser gunsight or other laser
device that is attached or | ||||||
2 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
3 | that the laser beam strikes upon or against the person of | ||||||
4 | another.
| ||||||
5 | (d-5) An inmate of a penal institution or a sexually | ||||||
6 | dangerous person or a
sexually violent person in the custody of | ||||||
7 | the Department of Human Services
who causes or attempts to | ||||||
8 | cause a
correctional employee of the penal institution or an | ||||||
9 | employee of the
Department of Human Services to come into | ||||||
10 | contact with blood,
seminal fluid, urine, or feces, by | ||||||
11 | throwing, tossing, or expelling that fluid
or material commits | ||||||
12 | aggravated battery. For purposes of this subsection (d-5),
| ||||||
13 | "correctional employee" means a person who is employed by a | ||||||
14 | penal institution. | ||||||
15 | (d-6) A person commits aggravated battery when he or she | ||||||
16 | commits battery and at the time of the commission of the | ||||||
17 | offense was a gang member.
| ||||||
18 | (e) Sentence.
| ||||||
19 | Aggravated battery is a Class 3 felony, except a violation | ||||||
20 | of subsection (a)
is a Class 2 felony when the person knows the | ||||||
21 | individual harmed to be a peace
officer engaged in the | ||||||
22 | execution of any of his or her official duties, or the
battery | ||||||
23 | is to prevent the officer from performing his or her official | ||||||
24 | duties,
or in retaliation for the officer performing his or her | ||||||
25 | official duties.
| ||||||
26 | (Source: P.A. 92-16, eff. 6-28-01; 92-516, eff. 1-1-02; 92-841, | ||||||
27 | eff.
8-22-02; 92-865, eff. 1-3-03; 93-83, eff. 7-2-03.)
| ||||||
28 | (720 ILCS 5/18-5)
| ||||||
29 | Sec. 18-5. Aggravated robbery.
| ||||||
30 | (a) A person commits aggravated robbery when he or she | ||||||
31 | takes property from
the person or presence of another by the | ||||||
32 | use of force or by threatening the
imminent use of force while | ||||||
33 | indicating verbally or by his or her actions to the
victim that | ||||||
34 | he or she is presently armed with a firearm or other dangerous
| ||||||
35 | weapon, including a knife, club, ax, or bludgeon. This offense |
| |||||||
|
|||||||
1 | shall be
applicable even though it is later determined that he | ||||||
2 | or she had no firearm or
other dangerous weapon, including a | ||||||
3 | knife, club, ax, or bludgeon, in
his or her possession when he | ||||||
4 | or she committed the robbery.
| ||||||
5 | (a-5) A person commits aggravated robbery when he or she | ||||||
6 | takes property
from the person or presence of another by | ||||||
7 | delivering (by injection, inhalation,
ingestion, transfer of | ||||||
8 | possession, or any other means) to the victim without
his or | ||||||
9 | her consent, or by threat or deception,
and for other than | ||||||
10 | medical
purposes, any
controlled substance. | ||||||
11 | (a-6) A person commits aggravated robbery when he or she | ||||||
12 | commits a robbery and at the time of the commission of the | ||||||
13 | offense was a gang member.
| ||||||
14 | (b) Sentence. Aggravated robbery is a Class 1 felony.
| ||||||
15 | (Source: P.A. 90-593, eff. 1-1-99; 90-735,
eff. 8-11-98; | ||||||
16 | 91-357, eff. 7-29-99.)
| ||||||
17 | (720 ILCS 5/20-1.1) (from Ch. 38, par. 20-1.1)
| ||||||
18 | Sec. 20-1.1. Aggravated Arson.
| ||||||
19 | (a) A person commits
aggravated arson when in the course of | ||||||
20 | committing arson he or she
knowingly
damages, partially or | ||||||
21 | totally, any building or
structure, including any adjacent | ||||||
22 | building or
structure, including all or any part of a school | ||||||
23 | building, house trailer,
watercraft, motor
vehicle, or | ||||||
24 | railroad car, and (1) he knows or reasonably should know that
| ||||||
25 | one or
more persons are present therein or (2) any person | ||||||
26 | suffers
great bodily harm, or permanent disability or | ||||||
27 | disfigurement
as a result of the fire or explosion or (3) a | ||||||
28 | fireman or
policeman who is present at the scene acting in the | ||||||
29 | line
of duty, is injured as a result of the fire or explosion.
| ||||||
30 | For purposes of this Section, property "of another" means a | ||||||
31 | building or
other
property,
whether real or personal, in which | ||||||
32 | a person other than the offender has an
interest that
the | ||||||
33 | offender has no authority to defeat or impair, even though the | ||||||
34 | offender may
also have
an interest in the building or property; | ||||||
35 | and "school building"
means any public or private preschool, |
| |||||||
|
|||||||
1 | elementary or secondary school,
community college, college, or | ||||||
2 | university. | ||||||
3 | (a-5) A person commits aggravated arson when he or she | ||||||
4 | commits an arson and at the time of the commission of the | ||||||
5 | offense was a gang member.
| ||||||
6 | (b) Sentence. Aggravated arson is a Class X felony.
| ||||||
7 | (Source: P.A. 92-421, eff. 8-17-01; P.A. 93-335, eff. 7-24-03.)
| ||||||
8 | (720 ILCS 5/24-1.6)
| ||||||
9 | Sec. 24-1.6. Aggravated unlawful use of a weapon.
| ||||||
10 | (a) A person commits the offense of aggravated unlawful use | ||||||
11 | of a weapon when
he or she knowingly:
| ||||||
12 | (1) Carries on or about his or her person or in any | ||||||
13 | vehicle or concealed
on or about his or her person except | ||||||
14 | when on his or her land or in his or her
abode or fixed | ||||||
15 | place of business any pistol, revolver, stun gun or taser | ||||||
16 | or
other firearm; or
| ||||||
17 | (2) Carries or possesses on or about his or her person, | ||||||
18 | upon any public
street, alley, or other public lands within | ||||||
19 | the corporate limits of a city,
village or incorporated | ||||||
20 | town, except when an invitee thereon or therein, for
the | ||||||
21 | purpose of the display of such weapon or the lawful | ||||||
22 | commerce in weapons, or
except when on his or her own land | ||||||
23 | or in his or her own abode or fixed place of
business, any | ||||||
24 | pistol, revolver, stun gun or taser or other firearm; and
| ||||||
25 | (3) One of the following factors is present:
| ||||||
26 | (A) the firearm possessed was uncased, loaded and | ||||||
27 | immediately accessible
at the time of the offense; or
| ||||||
28 | (B) the firearm possessed was uncased, unloaded | ||||||
29 | and the ammunition for
the weapon was immediately | ||||||
30 | accessible at the time of the offense; or
| ||||||
31 | (C) the person possessing the firearm has not been | ||||||
32 | issued a currently
valid Firearm Owner's | ||||||
33 | Identification Card; or
| ||||||
34 | (D) the person possessing the weapon was | ||||||
35 | previously adjudicated
a delinquent minor under the |
| |||||||
|
|||||||
1 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
2 | by an adult would be a felony; or
| ||||||
3 | (E) the person possessing the weapon was engaged in | ||||||
4 | a misdemeanor
violation of the Cannabis
Control Act or | ||||||
5 | in a misdemeanor violation of the Illinois Controlled | ||||||
6 | Substances
Act; or
| ||||||
7 | (F) the person possessing the weapon is a member of | ||||||
8 | a
street gang or is engaged in street gang related | ||||||
9 | activity, as defined in
Section 10 of the Illinois | ||||||
10 | Streetgang Terrorism Omnibus Prevention Act; or
| ||||||
11 | (G) the person possessing the weapon had a order of | ||||||
12 | protection issued
against him or her within the | ||||||
13 | previous 2 years; or
| ||||||
14 | (H) the person possessing the weapon was engaged in | ||||||
15 | the commission or
attempted commission of
a | ||||||
16 | misdemeanor involving the use or threat of violence | ||||||
17 | against
the person or property of another; or
| ||||||
18 | (I) the person possessing the weapon was under 21 | ||||||
19 | years of age and in
possession of a handgun as defined | ||||||
20 | in Section 24-3, unless the person under 21
is engaged | ||||||
21 | in lawful activities under the Wildlife Code or | ||||||
22 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
23 | 24-2(f). | ||||||
24 | (a-5) A person commits the offense of aggravated unlawful | ||||||
25 | use of a weapon when he or she commits the offense of unlawful | ||||||
26 | use of weapons and at the time of the commission of the offense | ||||||
27 | was a gang member.
| ||||||
28 | (b) "Stun gun or taser" as used in this Section has the | ||||||
29 | same definition
given to it in Section 24-1 of this Code.
| ||||||
30 | (c) This Section does not apply to or affect the | ||||||
31 | transportation or
possession
of weapons that:
| ||||||
32 | (i) are broken down in a non-functioning state; or
| ||||||
33 | (ii) are not immediately accessible; or
| ||||||
34 | (iii) are unloaded and enclosed in a case, firearm | ||||||
35 | carrying box,
shipping box, or other container by a | ||||||
36 | person who has been issued a currently
valid Firearm |
| |||||||
|
|||||||
1 | Owner's
Identification Card.
| ||||||
2 | (d) Sentence. Aggravated unlawful use of a weapon is a | ||||||
3 | Class 4 felony;
a second or subsequent offense is a Class 2 | ||||||
4 | felony. Aggravated unlawful use of
a weapon by a person who has | ||||||
5 | been previously
convicted of a felony in this State or another | ||||||
6 | jurisdiction is a Class 2
felony.
| ||||||
7 | (Source: P.A. 91-690, eff. 4-13-00.)
|