94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4276


 
Introduced 12/19/05, by Rep. Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/31-1
  from Ch. 38, par. 31-1







    Amends the Criminal Code of 1961.  Provides that a person convicted for knowingly resisting or obstructing the performance by one known
to the person to be a peace officer whose violation was
the proximate cause of an injury to a peace officer or bystander that requires medical treatment is guilty of a Class 4 felony.  Provides that this provision does not apply to an injury to the person that was the proximate cause of the person  resisting or obstructing the peace officer.  Provides that a person who has been twice convicted of knowingly resisting or obstructing the performance by one known
to the person to be a peace officer who is convicted a third or subsequent time for this violation is guilty of a Class 3 felony.
















LRB094 15856 RLC 51076 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4276

LRB094 15856 RLC 51076 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 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 or 
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correctional
institution employee.

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    (a) A person who knowingly resists or obstructs the 
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performance by one known
to the person to be a peace officer or 
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correctional institution employee of any
authorized act within 
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his official capacity commits a Class A misdemeanor.

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    (a-5) In addition to any other sentence that may be 
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imposed, a court
shall
order any person convicted of resisting 
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or obstructing a peace officer to be
sentenced to a minimum of 
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48 consecutive hours of imprisonment or
ordered to perform 
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community service for not less than 100 hours as
may be 
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determined by the court. The person shall not be eligible for 
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probation
in order to reduce the sentence of imprisonment or 
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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 
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officer is guilty of a Class 4
felony.
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    (a-8) 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 
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officer or bystander that requires medical treatment is guilty 
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of a Class 4 felony.  This subsection (a-8) does not apply to an 
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injury to the person that was the proximate cause of the person  
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resisting or obstructing the peace officer.
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    (a-9) A person who has been twice convicted of knowingly 
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resisting or obstructing the performance by one known
to the 
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person to be a peace officer who is convicted a third or 
 


 






HB4276
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LRB094 15856 RLC 51076 b




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subsequent time for this violation is guilty of a Class 3 
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felony.


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    (b) For purposes of this Section, "correctional 
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institution employee"
means
any person employed to supervise 
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and control inmates incarcerated in a
penitentiary, State farm, 
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reformatory, prison, jail, house of correction,
police 
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detention area, half-way house, or other institution or place 
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for the
incarceration or custody of persons under sentence for 
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offenses or awaiting
trial or sentence for offenses, under 
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arrest for an offense, a violation of
probation, a violation of 
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parole, or a violation of mandatory supervised
release, or 
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awaiting a bail setting hearing or preliminary hearing, or who

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are
sexually dangerous persons or who are sexually violent 
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persons.

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(Source: P.A. 92-841, eff. 8-22-02.)