Full Text of HB5909 95th General Assembly
HB5909eng 95TH GENERAL ASSEMBLY
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HB5909 Engrossed |
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LRB095 17690 RLC 46282 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 | 5 |
| 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 , | 8 |
| firefighter, or correctional
institution employee.
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| (a) A person who knowingly resists or obstructs the | 10 |
| performance by one known
to the person to be a peace officer , | 11 |
| firefighter, or correctional institution employee of any
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| authorized act within his official capacity commits a Class A | 13 |
| misdemeanor.
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| (a-5) In addition to any other sentence that may be | 15 |
| imposed, a court
shall
order any person convicted of resisting | 16 |
| or obstructing a peace officer , firefighter, or correctional
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| institution employee to be
sentenced to a minimum of 48 | 18 |
| consecutive hours of imprisonment or
ordered to perform | 19 |
| community service for not less than 100 hours as
may be | 20 |
| determined by the court. The person shall not be eligible for | 21 |
| probation
in order to reduce the sentence of imprisonment or | 22 |
| community service.
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| (a-7) A person convicted for a violation of this Section |
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HB5909 Engrossed |
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LRB095 17690 RLC 46282 b |
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| whose violation was
the proximate cause of an injury to a peace | 2 |
| officer , firefighter, or correctional
institution employee is | 3 |
| guilty of a Class 4
felony.
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| (b) For purposes of this Section, "correctional | 5 |
| institution employee"
means
any person employed to supervise | 6 |
| and control inmates incarcerated in a
penitentiary, State farm, | 7 |
| reformatory, prison, jail, house of correction,
police | 8 |
| detention area, half-way house, or other institution or place | 9 |
| for the
incarceration or custody of persons under sentence for | 10 |
| offenses or awaiting
trial or sentence for offenses, under | 11 |
| arrest for an offense, a violation of
probation, a violation of | 12 |
| parole, or a violation of mandatory supervised
release, or | 13 |
| awaiting a bail setting hearing or preliminary hearing, or who
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| are
sexually dangerous persons or who are sexually violent | 15 |
| persons ; and "firefighter" means any individual, either as an | 16 |
| employee or volunteer, of a regularly
constituted fire | 17 |
| department of a municipality or fire protection district who
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| performs fire fighting duties, including, but not limited to, | 19 |
| the fire chief, assistant fire
chief, captain, engineer, | 20 |
| driver, ladder person, hose person, pipe person, and any
other | 21 |
| member of a regularly constituted fire department. | 22 |
| "Firefighter" also means a person employed by the Office of the | 23 |
| State Fire Marshal to conduct arson investigations .
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| (c) It is an affirmative defense to a violation of this | 25 |
| Section if a person resists or obstructs the performance of one | 26 |
| known by the person to be a firefighter by returning to or |
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LRB095 17690 RLC 46282 b |
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| remaining in a dwelling, residence, building, or other | 2 |
| structure to rescue or to attempt to rescue any person. | 3 |
| (Source: P.A. 92-841, eff. 8-22-02.)
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