Rep. Edward J. Acevedo
Filed: 4/26/2007
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 2758




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    AMENDMENT NO. ______. Amend House Bill 2758 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing Sections 9-3 and 12-2 as follows:
 



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    (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)



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    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide. 

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    (a) A person who unintentionally kills an individual 
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without lawful
justification commits involuntary manslaughter 
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if his acts whether lawful
or unlawful which cause the death 
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are such as are likely to cause death or
great bodily harm to 
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some individual, and he performs them recklessly,
except in 
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cases in which the cause of the death consists of the driving 
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of
a motor vehicle or operating a snowmobile, all-terrain 
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vehicle, or watercraft,
in which case the person commits 
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reckless homicide. A person commits reckless homicide if he or 
 


 






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she unintentionally kills an individual while driving a vehicle 
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and using an incline in a roadway, such as a railroad crossing, 
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bridge
approach, or hill, to cause the vehicle to become 
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airborne.


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    (b) (Blank).

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    (c) (Blank).

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    (d) Sentence.


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        (1) Involuntary manslaughter is a Class 3 felony.


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        (2) Reckless homicide is a Class 3 felony.

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    (e) (Blank).

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    (e-5) (Blank).

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    (e-7) Except as otherwise provided in subsection (e-8), in 
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cases involving
reckless homicide in which the defendant: (1)  

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was
driving in a construction or maintenance zone, as defined 
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in Section 11-605
of the Illinois Vehicle Code, or (2) was 
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operating a vehicle while willfully  failing or refusing to 
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comply with any lawful order or direction of any authorized 
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police officer or traffic control aide engaged in traffic 
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control,
the penalty is a Class 2 felony, for which a
person, 
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if sentenced to a term of imprisonment, shall be sentenced to a 
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term of
not less than 3 years and not more than 14 years.

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    (e-8) In cases involving reckless homicide in which the 
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defendant caused the deaths of 2 or more persons as part of a 
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single course of conduct and: (1) was
driving in a construction 
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or maintenance zone, as defined in Section 11-605
of the 
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Illinois Vehicle Code, or (2) was operating a vehicle while 
 


 






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willfully  failing or refusing to comply with any lawful order 
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or direction of any authorized police officer or traffic 
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control aide engaged in traffic control
and caused the deaths 
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of 2 or more persons as
part of a single course of conduct,
the 
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penalty is a Class 2 felony, for which a
person, if sentenced 
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to a term of imprisonment, shall be sentenced to a term of
not 
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less than 6 years and not more than 28 years.

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    (e-9) In cases involving reckless homicide in which the 
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defendant drove a vehicle and used an incline in a roadway, 
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such as a railroad crossing, bridge
approach, or hill, to cause 
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the vehicle to become airborne, and caused the deaths of 2 or 
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more persons as
part of a single course of conduct,
the penalty 
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is a Class 2 felony.

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    (f) In cases involving involuntary manslaughter in which 
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the victim was a
family or household member as defined in 
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paragraph (3) of Section 112A-3 of the
Code of
Criminal 
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Procedure of 1963, the penalty shall be a Class 2 felony, for 
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which a
person if sentenced to a term of imprisonment, shall be 
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sentenced to a term of
not less than 3 years and not more than 
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14 years.

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(Source: P.A. 92-16, eff. 6-28-01; 93-178, eff. 6-1-04; 93-213, 
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eff. 7-18-03; 93-682, eff. 1-1-05.)

 



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    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)


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    Sec. 12-2. Aggravated assault. 

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    (a) A person commits an aggravated assault, when, in 
 


 






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committing an
assault, he:


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        (1) Uses a deadly weapon or any device manufactured and 
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    designed to be
substantially similar in appearance to a 
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    firearm, other than by
discharging a firearm in the 
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    direction of another person, a peace
officer, a person 
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    summoned or directed by a peace officer, a correctional

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    officer or a fireman or in the direction of a vehicle 
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    occupied by another
person, a peace officer, a person 
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    summoned or directed by a peace officer,
a correctional 
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    officer or a fireman while the officer or fireman is

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    engaged in the execution of any of his official duties, or 
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    to prevent the
officer or fireman from performing his 
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    official duties, or in retaliation
for the officer or 
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    fireman performing his official duties;


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        (2) Is hooded, robed or masked in such manner as to 
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    conceal his
identity or any device manufactured and 
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    designed to be substantially
similar in appearance to a 
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    firearm;


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        (3) Knows the individual assaulted to be a teacher or 
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    other person
employed in any school and such teacher or 
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    other employee is upon the
grounds of a school or grounds 
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    adjacent thereto, or is in any part of a
building used for 
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    school purposes;


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        (4) Knows the individual assaulted to be a supervisor, 
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    director,
instructor or other person employed in any park 
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    district and such
supervisor, director, instructor or 
 


 






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    other employee is upon the grounds of
the park or grounds 
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    adjacent thereto, or is in any part of a building used
for 
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    park purposes;


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        (5) Knows the individual assaulted to be a caseworker, 
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    investigator, or
other person employed by the Department of 
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    Healthcare and Family Services (formerly State Department 
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    of Public Aid), a
County
Department of Public Aid, or the 
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    Department of Human Services (acting as
successor to the 
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    Illinois Department of Public Aid under the Department of

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    Human Services Act) and such caseworker, investigator, or 
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    other person
is upon the grounds of a public aid office or 
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    grounds adjacent thereto, or
is in any part of a building 
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    used for public aid purposes, or upon the
grounds of a home 
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    of a public aid applicant, recipient or any other person

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    being interviewed or investigated in the employees' 
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    discharge of his
duties, or on grounds adjacent thereto, or 
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    is in any part of a building in
which the applicant, 
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    recipient, or other such person resides or is located;


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        (6) Knows the individual assaulted to be a peace 
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    officer, or a community
policing volunteer, or a fireman

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    while the officer or fireman is engaged in the execution of 
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    any of his
official duties, or to prevent the officer, 
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    community policing volunteer,
or fireman from performing

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    his official duties, or in retaliation for the officer, 
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    community policing
volunteer, or fireman
performing his 
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    official duties, and the assault is committed other than by

 


 






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    the discharge of a firearm in the direction of the officer 
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    or fireman or
in the direction of a vehicle occupied by the 
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    officer or fireman;


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        (7) Knows the individual assaulted to be
an emergency 
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    medical technician - ambulance, emergency medical

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    technician - intermediate, emergency medical technician - 
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    paramedic, ambulance
driver or other medical
assistance or 
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    first aid personnel engaged in the
execution of any of his 
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    official duties, or to prevent the
emergency medical 
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    technician - ambulance, emergency medical
technician - 
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    intermediate, emergency medical technician - paramedic,

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    ambulance driver, or other medical assistance or first aid 
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    personnel from
performing his official duties, or in 
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    retaliation for the
emergency medical technician - 
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    ambulance, emergency medical
technician - intermediate, 
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    emergency medical technician - paramedic,
ambulance 
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    driver, or other medical assistance or first aid personnel

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    performing his official duties;


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        (8) Knows the individual assaulted to be the driver, 
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    operator, employee
or passenger of any transportation 
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    facility or system engaged in the
business of 
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    transportation of the public for hire and the individual

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    assaulted is then performing in such capacity or then using 
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    such public
transportation as a passenger or using any area 
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    of any description
designated by the transportation 
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    facility or system as a vehicle boarding,
departure, or 
 


 






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    transfer location;


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        (9) Or the individual assaulted is on or about a public 
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    way, public
property, or public place of accommodation or 
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    amusement;

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        (9.5) Is, or the individual assaulted is, in or about a 
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    publicly or privately owned sports or entertainment arena, 
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    stadium, community or convention hall, special event 
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    center, amusement facility, or a special event center in a 
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    public park during any 24-hour period when a professional 
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    sporting event, National Collegiate Athletic Association 
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    (NCAA)-sanctioned sporting event, United States Olympic 
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    Committee-sanctioned sporting event, or International 
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    Olympic Committee-sanctioned sporting event is taking 
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    place in this venue;


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        (10) Knows the individual assaulted to be an employee 
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    of the State of
Illinois, a municipal corporation therein 
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    or a political subdivision
thereof, engaged in the 
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    performance of his authorized duties as such
employee;


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        (11) Knowingly and without legal justification, 
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    commits an assault on
a physically handicapped person;


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        (12) Knowingly and without legal justification, 
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    commits an assault on a
person 60 years of age or older;


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        (13) Discharges a firearm;


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        (14) Knows the individual assaulted to be a 
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    correctional officer, while
the officer is engaged in the 
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    execution of any of his or her official duties,
or to 
 


 






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    prevent the officer from performing his or her official 
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    duties, or in
retaliation for the officer performing his or 
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    her official duties;


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        (15) Knows the individual assaulted to be a 
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    correctional employee or
an employee of the Department of 
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    Human Services supervising or controlling
sexually 
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    dangerous persons or sexually violent persons, while
the 
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    employee is engaged in the execution of any of his or her 
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    official duties,
or to prevent the employee from performing 
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    his or her official duties, or in
retaliation for the 
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    employee performing his or her official duties, and the

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    assault is committed other than by the discharge of a 
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    firearm in the direction
of the employee or in the 
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    direction of a vehicle occupied by the employee;



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        (16) Knows the individual assaulted to be an employee 
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    of a police or
sheriff's department, or a person who is 
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    employed by a municipality and whose duties include traffic 
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    control, engaged in the performance of his or her official 
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    duties
as such employee; or

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        (17) Knows the individual assaulted to be a sports 
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    official or coach at any level of competition and the act 
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    causing the assault to the sports official or coach 
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    occurred within an athletic facility or an indoor or 
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    outdoor playing field or within the immediate vicinity of 
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    the athletic facility or an indoor or outdoor playing field 
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    at which the sports official or  coach was an active 
 


 






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    participant in the athletic contest held at the athletic 
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    facility.  For the purposes of this paragraph (17), "sports 
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    official" means a person at an athletic contest who 
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    enforces the rules of the contest, such as an umpire or 
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    referee; and "coach" means a person recognized as a coach 
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    by the sanctioning authority that conducted the athletic 
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    contest; or .

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        (18) Knows the individual assaulted to be an emergency 
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    management
worker, while the emergency management worker 
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    is engaged in the execution of
any of his or her official 
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    duties,
or to prevent the emergency management worker from 
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    performing his or her
official duties, or in retaliation 
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    for the emergency management worker
performing his or her 
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    official duties, and the assault is committed other than
by 
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    the discharge of a firearm in the direction of the 
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    emergency management
worker or in the direction of a 
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    vehicle occupied by the emergency management
worker.

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    (a-5) A person commits an aggravated assault when he or she 
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knowingly and
without lawful justification shines or flashes a 
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laser gunsight or other laser
device that is attached or 
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affixed to a firearm, or used in concert with a
firearm, so 
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that the laser beam strikes near or in the immediate vicinity 
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of
any person.

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    (b) Sentence.

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    Aggravated assault as defined in paragraphs (1) through (5) 
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and (8) through
(12) and (17) of subsection (a) of this Section 
 


 






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is a Class A misdemeanor.  Aggravated
assault as defined in 
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paragraphs (13), (14), and (15) of subsection (a) of this

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Section and as defined in subsection (a-5) of this Section is a 
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Class 4
felony.  Aggravated assault as defined in paragraphs

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(6), (7), (16), and (18) of
subsection (a) of this Section is a 
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Class A misdemeanor if a firearm is not
used in the commission 
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of the assault.  Aggravated assault as defined in
paragraphs 
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(6), (7), (16), and (18) of subsection (a) of this
Section is a 
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Class 4 felony if a firearm is used in the commission of the

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assault.

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(Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, 
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eff. 1-1-06; revised 12-15-05.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".