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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 | Sections 9-3 and 12-4 as follows:
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6 | (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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7 | (Text of Section after amendment by P.A. 95-467, 95-551, | ||||||||||||||||||||||||||
8 | 95-587 ) | ||||||||||||||||||||||||||
9 | Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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10 | (a) A person who unintentionally kills an individual | ||||||||||||||||||||||||||
11 | without lawful
justification commits involuntary manslaughter | ||||||||||||||||||||||||||
12 | if his acts whether lawful
or unlawful which cause the death | ||||||||||||||||||||||||||
13 | are such as are likely to cause death or
great bodily harm to | ||||||||||||||||||||||||||
14 | some individual, and he performs them recklessly,
except in | ||||||||||||||||||||||||||
15 | cases in which the cause of the death consists of the driving | ||||||||||||||||||||||||||
16 | of
a motor vehicle or operating a snowmobile, all-terrain | ||||||||||||||||||||||||||
17 | vehicle, or watercraft,
in which case the person commits | ||||||||||||||||||||||||||
18 | reckless homicide. A person commits reckless homicide if he or | ||||||||||||||||||||||||||
19 | she unintentionally kills an individual while driving a vehicle | ||||||||||||||||||||||||||
20 | and using an incline in a roadway, such as a railroad crossing, | ||||||||||||||||||||||||||
21 | bridge
approach, or hill, to cause the vehicle to become | ||||||||||||||||||||||||||
22 | airborne.
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23 | (b) (Blank).
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1 | (c) (Blank).
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2 | (d) Sentence.
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3 | (1) Involuntary manslaughter is a Class 3 felony.
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4 | (2) Reckless homicide is a Class 3 felony.
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5 | (e) (Blank).
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6 | (e-2) Except as provided in subsection (e-3), in cases | ||||||
7 | involving reckless homicide in which the offense is committed | ||||||
8 | upon a public thoroughfare where children pass going to and | ||||||
9 | from school when a school crossing guard is performing official | ||||||
10 | duties, the penalty is a Class 2 felony, for which a
person, if | ||||||
11 | sentenced to a term of imprisonment, shall be sentenced to a | ||||||
12 | term of
not less than 3 years and not more than 14 years. | ||||||
13 | (e-3) In cases involving reckless homicide in which (i) the | ||||||
14 | offense is committed upon a public thoroughfare where children | ||||||
15 | pass going to and from school when a school crossing guard is | ||||||
16 | performing official duties and (ii) the defendant causes the | ||||||
17 | deaths of 2 or more persons as part of a single course of | ||||||
18 | conduct, the penalty is a Class 2 felony, for which a
person, | ||||||
19 | if sentenced to a term of imprisonment, shall be sentenced to a | ||||||
20 | term of
not less than 6 years and not more than 28 years.
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21 | (e-5) (Blank).
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22 | (e-7) Except as otherwise provided in subsection (e-8), in | ||||||
23 | cases involving
reckless homicide in which the defendant: (1)
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24 | was
driving in a construction or maintenance zone, as defined | ||||||
25 | in Section 11-605.1
of the Illinois Vehicle Code, or (2) was | ||||||
26 | operating a vehicle while failing or refusing to comply with |
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1 | any lawful order or direction of any authorized police officer | ||||||
2 | or traffic control aide engaged in traffic control,
the penalty | ||||||
3 | is a Class 2 felony, for which a
person, if sentenced to a term | ||||||
4 | of imprisonment, shall be sentenced to a term of
not less than | ||||||
5 | 3 years and not more than 14 years.
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6 | (e-8) In cases involving reckless homicide in which the | ||||||
7 | defendant caused the deaths of 2 or more persons as part of a | ||||||
8 | single course of conduct and: (1) was
driving in a construction | ||||||
9 | or maintenance zone, as defined in Section 11-605.1
of the | ||||||
10 | Illinois Vehicle Code, or (2) was operating a vehicle while | ||||||
11 | failing or refusing to comply with any lawful order or | ||||||
12 | direction of any authorized police officer or traffic control | ||||||
13 | aide engaged in traffic control,
the penalty is a Class 2 | ||||||
14 | felony, for which a
person, if sentenced to a term of | ||||||
15 | imprisonment, shall be sentenced to a term of
not less than 6 | ||||||
16 | years and not more than 28 years.
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17 | (e-9) In cases involving reckless homicide in which the | ||||||
18 | defendant drove a vehicle and used an incline in a roadway, | ||||||
19 | such as a railroad crossing, bridge
approach, or hill, to cause | ||||||
20 | the vehicle to become airborne, and caused the deaths of 2 or | ||||||
21 | more persons as
part of a single course of conduct,
the penalty | ||||||
22 | is a Class 2 felony.
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23 | (e-10) In cases involving involuntary manslaughter or | ||||||
24 | reckless homicide resulting in the death of a peace officer | ||||||
25 | killed in the performance of his or her duties as a peace | ||||||
26 | officer, the penalty is a Class 2 felony.
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1 | (e-11)
(e-10) In cases involving reckless homicide in which | ||||||
2 | the defendant unintentionally kills an individual while | ||||||
3 | driving in a posted school zone, as defined in Section 11-605 | ||||||
4 | of the Illinois Vehicle Code, while children are present or in | ||||||
5 | a construction or maintenance zone, as defined in Section | ||||||
6 | 11-605.1 of the Illinois Vehicle Code, when construction or | ||||||
7 | maintenance workers are present the trier of fact may infer | ||||||
8 | that the defendant's actions were performed recklessly where he | ||||||
9 | or she was also either driving at a speed of more than 20 miles | ||||||
10 | per hour in excess of the posted speed limit or violating | ||||||
11 | Section 11-501 of the Illinois Vehicle Code.
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12 | (f) In cases involving involuntary manslaughter in which | ||||||
13 | the victim was a
family or household member as defined in | ||||||
14 | paragraph (3) of Section 112A-3 of the
Code of
Criminal | ||||||
15 | Procedure of 1963, the penalty shall be a Class 2 felony, for | ||||||
16 | which a
person if sentenced to a term of imprisonment, shall be | ||||||
17 | sentenced to a term of
not less than 3 years and not more than | ||||||
18 | 14 years.
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19 | (g) In cases involving involuntary manslaughter in which | ||||||
20 | the victim was 12 years of age or younger at the time of the | ||||||
21 | commission of the offense, the court may sentence the defendant | ||||||
22 | to a term of imprisonment of up to twice the maximum term | ||||||
23 | otherwise authorized.
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24 | (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, | ||||||
25 | eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-17-07.)
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1 | (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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2 | Sec. 12-4. Aggravated Battery.
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3 | (a) A person who, in committing a battery, intentionally or | ||||||
4 | knowingly
causes great bodily harm, or permanent disability or | ||||||
5 | disfigurement commits
aggravated battery.
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6 | (b) In committing a battery, a person commits aggravated | ||||||
7 | battery if he or
she:
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8 | (1) Uses a deadly weapon other than by the discharge of | ||||||
9 | a firearm;
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10 | (2) Is hooded, robed or masked, in such manner as to | ||||||
11 | conceal his
identity;
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12 | (3) Knows the individual harmed 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;
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17 | (4) (Blank);
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18 | (5) (Blank);
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19 | (6) Knows the individual harmed to be a community
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20 | policing volunteer while
such volunteer is engaged in the | ||||||
21 | execution of
any official duties, or to prevent the | ||||||
22 | volunteer from performing official duties, or in
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23 | retaliation for the volunteer performing official
duties, | ||||||
24 | and the battery is committed other than by the discharge of | ||||||
25 | a firearm;
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26 | (7) Knows the individual harmed to be an emergency |
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1 | medical technician -
ambulance, emergency medical | ||||||
2 | technician - intermediate, emergency medical
technician - | ||||||
3 | paramedic, ambulance driver, other medical assistance, | ||||||
4 | first
aid personnel, or hospital personnel engaged in the
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5 | performance of any of his or her official duties,
or to | ||||||
6 | prevent the emergency medical technician - ambulance, | ||||||
7 | emergency medical
technician - intermediate, emergency | ||||||
8 | medical technician - paramedic, ambulance
driver, other | ||||||
9 | medical assistance, first aid personnel, or
hospital | ||||||
10 | personnel from performing
official duties, or in | ||||||
11 | retaliation for performing official duties;
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12 | (8) Is, or the person battered is, on or about a public | ||||||
13 | way, public
property or public place of accommodation or | ||||||
14 | amusement;
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15 | (8.5) Is, or the person battered is, on a publicly or | ||||||
16 | privately owned sports or entertainment arena, stadium, | ||||||
17 | community or convention hall, special event center, | ||||||
18 | amusement facility, or a special event center in a public | ||||||
19 | park during any 24-hour period when a professional sporting | ||||||
20 | event, National Collegiate Athletic Association | ||||||
21 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
22 | Committee-sanctioned sporting event, or International | ||||||
23 | Olympic Committee-sanctioned sporting event is taking | ||||||
24 | place in this venue;
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25 | (9) Knows the individual harmed to be the driver, | ||||||
26 | operator, employee
or passenger of any transportation |
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1 | facility or system engaged in the
business of | ||||||
2 | transportation of the public for hire and the individual
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3 | assaulted is then performing in such capacity or then using | ||||||
4 | such public
transportation as a passenger or using any area | ||||||
5 | of any description
designated by the transportation | ||||||
6 | facility or system as a vehicle
boarding, departure, or | ||||||
7 | transfer location;
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8 | (10) Knows the individual harmed to be an individual of | ||||||
9 | 60 years of age or older;
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10 | (11) Knows the individual harmed is pregnant;
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11 | (12) Knows the individual harmed to be a judge whom the
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12 | person intended to harm as a result of the judge's | ||||||
13 | performance of his or
her official duties as a judge;
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14 | (13) (Blank);
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15 | (14) Knows the individual harmed to be a person who is | ||||||
16 | physically
handicapped;
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17 | (15) Knowingly and without legal justification and by | ||||||
18 | any means causes
bodily harm to a merchant who detains the | ||||||
19 | person for an alleged commission of
retail theft under | ||||||
20 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
21 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
22 | Code;
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23 | (16) Is, or the person battered is, in any building or | ||||||
24 | other structure
used to provide shelter or other services | ||||||
25 | to victims or to the dependent
children of victims of | ||||||
26 | domestic violence pursuant to the Illinois Domestic
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1 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
2 | or the person
battered is within 500 feet of such a | ||||||
3 | building or other structure while going
to or from such a | ||||||
4 | building or other structure. "Domestic violence" has the
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5 | meaning ascribed to it in Section 103 of the Illinois | ||||||
6 | Domestic Violence Act of
1986. "Building or other structure | ||||||
7 | used to provide shelter" has the meaning
ascribed to | ||||||
8 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
9 | Act;
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10 | (17) (Blank);
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11 | (18) Knows the individual harmed to be an officer or | ||||||
12 | employee of the State of Illinois, a unit of local | ||||||
13 | government, or school district engaged in the performance | ||||||
14 | of his or her authorized duties as such officer or | ||||||
15 | employee; | ||||||
16 | (19) Knows the individual harmed to be an emergency | ||||||
17 | management worker
engaged in the performance of any of his | ||||||
18 | or her official duties, or to prevent
the emergency | ||||||
19 | management worker from performing official duties, or in
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20 | retaliation for the emergency management worker performing | ||||||
21 | official duties; or | ||||||
22 | (20) Knows the individual harmed to be a private | ||||||
23 | security officer engaged in the performance of any of his | ||||||
24 | or her official duties, or to prevent
the private security | ||||||
25 | officer from performing official duties, or in
retaliation | ||||||
26 | for the private security officer performing official |
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1 | duties ; or . | ||||||
2 | (21)
(20) Knows the individual harmed to be a taxi | ||||||
3 | driver and the battery is committed while the taxi driver | ||||||
4 | is on duty ; or
. | ||||||
5 | (22)
(20) Knows the individual harmed to be a utility | ||||||
6 | worker, while the utility worker is engaged in the | ||||||
7 | execution of his or her duties, or to prevent the utility | ||||||
8 | worker from performing his or her duties, or in retaliation | ||||||
9 | for the utility worker performing his or her duties. In | ||||||
10 | this paragraph (22)
(20) , "utility worker" means a person | ||||||
11 | employed by a public utility as defined in Section 3-105 of | ||||||
12 | the Public Utilities Act and also includes an employee of a | ||||||
13 | municipally owned utility, an employee of a cable | ||||||
14 | television company, an employee of an electric
cooperative | ||||||
15 | as defined in Section 3-119 of the Public Utilities
Act, an | ||||||
16 | independent contractor or an employee of an independent
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17 | contractor working on behalf of a cable television company, | ||||||
18 | public utility, municipally
owned utility, or an electric | ||||||
19 | cooperative, or an employee of a
telecommunications | ||||||
20 | carrier as defined in Section 13-202 of the
Public | ||||||
21 | Utilities Act, an independent contractor or an employee of
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22 | an independent contractor working on behalf of a
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23 | telecommunications carrier, or an employee of a telephone | ||||||
24 | or
telecommunications cooperative as defined in Section | ||||||
25 | 13-212 of
the Public Utilities Act, or an independent | ||||||
26 | contractor or an
employee of an independent contractor |
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1 | working on behalf of a
telephone or telecommunications | ||||||
2 | cooperative.
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3 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
4 | Section, a
physically handicapped person is a person who | ||||||
5 | suffers from a permanent and
disabling physical | ||||||
6 | characteristic, resulting from disease, injury,
functional | ||||||
7 | disorder or congenital condition.
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8 | For the purpose of paragraph (20) of subsection (b) and | ||||||
9 | subsection (e) of this Section, "private security officer" | ||||||
10 | means a registered employee of a private security contractor | ||||||
11 | agency under the Private Detective, Private Alarm, Private | ||||||
12 | Security, and Locksmith Act of 2004. | ||||||
13 | (c) A person who administers to an individual or causes him | ||||||
14 | to take,
without his consent or by threat or deception, and for | ||||||
15 | other than
medical purposes, any intoxicating, poisonous, | ||||||
16 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
17 | commits aggravated battery.
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18 | (d) A person who knowingly gives to another person any food | ||||||
19 | that
contains any substance or object that is intended to cause | ||||||
20 | physical
injury if eaten, commits aggravated battery.
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21 | (d-3) A person commits aggravated battery when he or she | ||||||
22 | knowingly and
without lawful justification shines or flashes a | ||||||
23 | laser gunsight or other laser
device that is attached or | ||||||
24 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
25 | that the laser beam strikes upon or against the person of | ||||||
26 | another.
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1 | (d-5) An inmate of a penal institution or a sexually | ||||||
2 | dangerous person or a
sexually violent person in the custody of | ||||||
3 | the Department of Human Services
who causes or attempts to | ||||||
4 | cause a
correctional employee of the penal institution or an | ||||||
5 | employee of the
Department of Human Services to come into | ||||||
6 | contact with blood,
seminal fluid, urine, or feces, by | ||||||
7 | throwing, tossing, or expelling that fluid
or material commits | ||||||
8 | aggravated battery. For purposes of this subsection (d-5),
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9 | "correctional employee" means a person who is employed by a | ||||||
10 | penal institution.
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11 | (e) Sentence.
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12 | (1) Except as otherwise provided in paragraphs (2) and | ||||||
13 | (3), aggravated battery is a Class 3 felony. | ||||||
14 | (2) Aggravated battery that does not cause great bodily | ||||||
15 | harm or permanent disability or disfigurement is a Class 2 | ||||||
16 | felony when the person knows
the individual harmed to be a | ||||||
17 | peace officer, a community
policing volunteer, a private | ||||||
18 | security officer, a correctional institution employee, an
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19 | employee of the Department of Human Services supervising or
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20 | controlling sexually dangerous persons or sexually violent
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21 | persons, or a fireman while such officer, volunteer, | ||||||
22 | employee,
or fireman is engaged in the execution of any | ||||||
23 | official duties
including arrest or attempted arrest, or to | ||||||
24 | prevent the
officer, volunteer, employee, or fireman from | ||||||
25 | performing
official duties, or in retaliation for the | ||||||
26 | officer, volunteer,
employee, or fireman performing |
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1 | official duties, and the
battery is committed other than by | ||||||
2 | the discharge of a firearm.
If the individual harmed is a | ||||||
3 | peace officer or fireman, the court may impose a term of | ||||||
4 | imprisonment up to twice the maximum term of imprisonment | ||||||
5 | that is otherwise authorized. | ||||||
6 | (3) Aggravated battery that causes great bodily harm or | ||||||
7 | permanent disability or disfigurement in
violation of | ||||||
8 | subsection (a)
is a Class 1 felony when the person knows | ||||||
9 | the individual harmed to be a peace
officer, a community
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10 | policing volunteer, a private security officer, a | ||||||
11 | correctional institution employee, an employee
of the | ||||||
12 | Department of Human Services supervising or controlling | ||||||
13 | sexually
dangerous persons or sexually violent persons, or | ||||||
14 | a fireman while
such officer, volunteer, employee, or | ||||||
15 | fireman is engaged in the execution of
any official duties | ||||||
16 | including arrest or attempted arrest, or to prevent the
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17 | officer, volunteer, employee, or fireman from performing | ||||||
18 | official duties, or in
retaliation for the officer, | ||||||
19 | volunteer, employee, or fireman performing official
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20 | duties, and the battery is committed other than by the | ||||||
21 | discharge of a firearm. If the individual harmed is a peace | ||||||
22 | officer or fireman, the court may impose a term of | ||||||
23 | imprisonment up to twice the maximum term of imprisonment | ||||||
24 | that is otherwise authorized.
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25 | (Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, | ||||||
26 | eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06; |
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1 | 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07; | ||||||
2 | 95-429, eff. 1-1-08; revised 10-17-07.)
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