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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Section 24-1.2 as follows:
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6 | (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
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7 | Sec. 24-1.2. Aggravated discharge of a firearm.
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8 | (a) A person commits aggravated discharge of a firearm when | ||||||||||||||||||||||||||
9 | he or she
knowingly or
intentionally:
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10 | (1) Discharges a firearm at or into a building he or | ||||||||||||||||||||||||||
11 | she knows or
reasonably
should know to be
occupied and the | ||||||||||||||||||||||||||
12 | firearm is discharged from a place or position outside
that | ||||||||||||||||||||||||||
13 | building;
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14 | (2) Discharges a firearm in the direction of another | ||||||||||||||||||||||||||
15 | person or in the
direction of a vehicle he or she knows or | ||||||||||||||||||||||||||
16 | reasonably should know to be
occupied by a person;
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17 | (3) Discharges a firearm in the direction of a person | ||||||||||||||||||||||||||
18 | he or she knows
or reasonably should know to be
a peace | ||||||||||||||||||||||||||
19 | officer, a community policing volunteer, a
correctional | ||||||||||||||||||||||||||
20 | institution employee, or a fireman while the officer,
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21 | volunteer,
employee or fireman is engaged in the execution | ||||||||||||||||||||||||||
22 | of any of his or her
official
duties, or to prevent the | ||||||||||||||||||||||||||
23 | officer, volunteer, employee or fireman from
performing | ||||||||||||||||||||||||||
24 | his or her
official duties, or in retaliation for the | ||||||||||||||||||||||||||
25 | officer, volunteer, employee or
fireman
performing his or | ||||||||||||||||||||||||||
26 | her official duties;
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27 | (4) Discharges a firearm in the direction of a vehicle | ||||||||||||||||||||||||||
28 | he or she knows
to be
occupied by a peace officer, a person | ||||||||||||||||||||||||||
29 | summoned or directed by a peace
officer, a correctional | ||||||||||||||||||||||||||
30 | institution employee or a fireman while the
officer, | ||||||||||||||||||||||||||
31 | employee or fireman is engaged in the execution of any of | ||||||||||||||||||||||||||
32 | his or
her
official duties, or to prevent the officer, |
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1 | employee or fireman from
performing his or her official | ||||||
2 | duties, or in retaliation for the officer,
employee or | ||||||
3 | fireman performing his or her official duties;
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4 | (5) Discharges a firearm in the direction of a person | ||||||
5 | he or she knows
to be
an emergency medical technician - | ||||||
6 | ambulance, emergency medical
technician - intermediate, | ||||||
7 | emergency medical technician - paramedic, ambulance
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8 | driver, or other medical assistance or first aid
personnel, | ||||||
9 | employed by a municipality or other governmental unit, | ||||||
10 | while the
emergency medical technician - ambulance, | ||||||
11 | emergency medical
technician - intermediate, emergency | ||||||
12 | medical technician - paramedic, ambulance
driver, or other | ||||||
13 | medical assistance or first aid
personnel is engaged in the | ||||||
14 | execution of any of his or her official duties,
or to
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15 | prevent the
emergency medical technician - ambulance, | ||||||
16 | emergency medical
technician - intermediate, emergency | ||||||
17 | medical technician - paramedic, ambulance
driver, or other | ||||||
18 | medical assistance or
first aid personnel from performing | ||||||
19 | his or her official duties, or in
retaliation
for the
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20 | emergency medical technician - ambulance, emergency | ||||||
21 | medical
technician - intermediate, emergency medical | ||||||
22 | technician - paramedic, ambulance
driver, or other medical | ||||||
23 | assistance or first
aid personnel performing his or her | ||||||
24 | official duties;
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25 | (6) Discharges a firearm in the direction of a vehicle | ||||||
26 | he or she knows
to
be occupied by an emergency medical | ||||||
27 | technician - ambulance, emergency medical
technician - | ||||||
28 | intermediate, emergency medical technician - paramedic,
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29 | ambulance
driver, or other medical assistance
or first aid | ||||||
30 | personnel, employed by a municipality or other | ||||||
31 | governmental
unit, while the
emergency medical technician - | ||||||
32 | ambulance, emergency medical
technician - intermediate, | ||||||
33 | emergency medical technician - paramedic, ambulance
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34 | driver, or other medical assistance or
first aid personnel | ||||||
35 | is engaged in the execution of any of his or her
official
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36 | duties, or to prevent the
emergency medical technician - |
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1 | ambulance, emergency medical
technician - intermediate, | ||||||
2 | emergency medical technician - paramedic, ambulance
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3 | driver, or other medical
assistance or first aid personnel | ||||||
4 | from performing his or her official
duties, or
in | ||||||
5 | retaliation for the
emergency medical technician - | ||||||
6 | ambulance, emergency medical
technician - intermediate, | ||||||
7 | emergency medical technician - paramedic, ambulance
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8 | driver, or other medical
assistance or first aid personnel | ||||||
9 | performing his or her official duties; or
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10 | (7) Discharges a firearm in the direction of a person | ||||||
11 | he or she knows to
be a teacher or other person employed in | ||||||
12 | any school and the teacher or other
employee is upon the | ||||||
13 | grounds of a school or grounds adjacent to a school, or is
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14 | in any part of a building used for school purposes.
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15 | (b) A violation of subsection (a)(1) or subsection (a)(2) | ||||||
16 | of this
Section is a Class 1 felony.
A violation of
subsection | ||||||
17 | (a)(1) or (a)(2)
of this Section committed in a school, on the | ||||||
18 | real property comprising a
school,
within 1,000 feet of the | ||||||
19 | real property comprising a school, at a school related
activity | ||||||
20 | or on or within 1,000 feet of any conveyance owned, leased, or
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21 | contracted by a school to transport students to or from school | ||||||
22 | or a school
related activity, regardless of the time of day or | ||||||
23 | time of year that the
offense was committed is a Class X | ||||||
24 | felony.
A violation of subsection (a)(3), (a)(4),
(a)(5), | ||||||
25 | (a)(6), or (a)(7) of this Section is a Class X felony for which | ||||||
26 | the
sentence shall be a term of imprisonment of no less than 10 | ||||||
27 | years and not more
than 45 years.
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28 | (c) For purposes of this Section:
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29 | "School" means a public or private elementary or secondary | ||||||
30 | school,
community college, college, or university.
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31 | "School related activity" means any sporting, social, | ||||||
32 | academic, or other
activity for which students' attendance or | ||||||
33 | participation is sponsored,
organized, or funded in whole or in | ||||||
34 | part by a school or school district.
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35 | (Source: P.A. 90-651, eff. 1-1-99; 91-12, eff. 1-1-00; 91-357, | ||||||
36 | eff. 7-29-99;
91-434, eff. 1-1-00; 91-696, eff. 4-13-00.)
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1 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
2 | amended by changing Section 110-4 as follows:
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3 | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
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4 | Sec. 110-4. Bailable Offenses.
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5 | (a) All persons shall be bailable before conviction, except | ||||||
6 | the
following offenses where the proof is evident or the | ||||||
7 | presumption great that
the defendant is guilty of the offense: | ||||||
8 | capital offenses; offenses for
which a sentence of life | ||||||
9 | imprisonment may be imposed as a consequence of
conviction; | ||||||
10 | felony offenses for which a sentence of imprisonment,
without | ||||||
11 | conditional and revocable release, shall be imposed
by law as a | ||||||
12 | consequence of conviction, where the court after a hearing,
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13 | determines that the release of the defendant would pose a real | ||||||
14 | and present
threat to the physical safety of any person or | ||||||
15 | persons; stalking or
aggravated stalking, where the court, | ||||||
16 | after a hearing, determines that the
release of the defendant | ||||||
17 | would pose a real and present threat to the
physical safety of | ||||||
18 | the alleged victim of the offense and denial of bail
is | ||||||
19 | necessary to prevent fulfillment of the threat upon which the | ||||||
20 | charge
is based;
or unlawful use of weapons in violation of | ||||||
21 | item (4) of subsection (a) of
Section 24-1 of the
Criminal Code | ||||||
22 | of 1961 when that offense occurred in a school or in any
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23 | conveyance owned,
leased, or contracted by a school to | ||||||
24 | transport students to or from school or a
school-related
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25 | activity, or on any public way within 1,000 feet of real | ||||||
26 | property comprising
any school, where
the court, after a | ||||||
27 | hearing, determines that the release of the defendant would
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28 | pose a real and
present threat to the physical safety of any | ||||||
29 | person and denial of bail is
necessary to prevent
fulfillment | ||||||
30 | of that threat ; or aggravated discharge of a firearm in | ||||||
31 | violation of subsection (a)(3) of Section 24-1.2 of the | ||||||
32 | Criminal Code of 1961 .
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33 | (b) A person seeking release on bail who is charged with a | ||||||
34 | capital
offense or an offense for which a sentence of life |
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1 | imprisonment may be
imposed shall not be bailable until a | ||||||
2 | hearing is held wherein such person
has the burden of | ||||||
3 | demonstrating that the proof of his guilt is not evident
and | ||||||
4 | the presumption is not great.
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5 | (c) Where it is alleged that bail should be denied to a | ||||||
6 | person upon the
grounds that the person presents a real and | ||||||
7 | present threat to the physical
safety of any person or persons, | ||||||
8 | the burden of proof of such allegations
shall be upon the | ||||||
9 | State.
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10 | (d) When it is alleged that bail should be denied to a | ||||||
11 | person
charged with stalking or aggravated stalking upon the | ||||||
12 | grounds set forth in
Section 110-6.3 of this Code, the burden | ||||||
13 | of proof of those allegations shall be
upon the State.
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14 | (Source: P.A. 91-11, eff. 6-4-99.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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