Illinois General Assembly - Full Text of SB2947
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Full Text of SB2947  99th General Assembly

SB2947enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
SB2947 EnrolledLRB099 19506 RLC 43899 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 12-0.1, 12-2, 12-3.05, 24-1.2, and 24-1.2-5 as
6follows:
 
7    (720 ILCS 5/12-0.1)
8    Sec. 12-0.1. Definitions. In this Article, unless the
9context clearly requires otherwise:
10    "Bona fide labor dispute" means any controversy concerning
11wages, salaries, hours, working conditions, or benefits,
12including health and welfare, sick leave, insurance, and
13pension or retirement provisions, the making or maintaining of
14collective bargaining agreements, and the terms to be included
15in those agreements.
16    "Coach" means a person recognized as a coach by the
17sanctioning authority that conducts an athletic contest.
18    "Correctional institution employee" means a person
19employed by a penal institution.
20    "Emergency medical services personnel technician" has the
21meaning specified in Section 3.5 of the Emergency Medical
22Services (EMS) Systems Act and shall include all ambulance crew
23members, including drivers or pilots includes a paramedic,

 

 

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1ambulance driver, first aid worker, hospital worker, or other
2medical assistance worker.
3    "Family or household members" include spouses, former
4spouses, parents, children, stepchildren, and other persons
5related by blood or by present or prior marriage, persons who
6share or formerly shared a common dwelling, persons who have or
7allegedly have a child in common, persons who share or
8allegedly share a blood relationship through a child, persons
9who have or have had a dating or engagement relationship,
10persons with disabilities and their personal assistants, and
11caregivers as defined in Section 12-4.4a of this Code. For
12purposes of this Article, neither a casual acquaintanceship nor
13ordinary fraternization between 2 individuals in business or
14social contexts shall be deemed to constitute a dating
15relationship.
16    "In the presence of a child" means in the physical presence
17of a child or knowing or having reason to know that a child is
18present and may see or hear an act constituting an offense.
19    "Park district employee" means a supervisor, director,
20instructor, or other person employed by a park district.
21    "Person with a physical disability" means a person who
22suffers from a permanent and disabling physical
23characteristic, resulting from disease, injury, functional
24disorder, or congenital condition.
25    "Private security officer" means a registered employee of a
26private security contractor agency under the Private

 

 

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1Detective, Private Alarm, Private Security, Fingerprint
2Vendor, and Locksmith Act of 2004.
3    "Probation officer" means a person as defined in the
4Probation and Probation Officers Act.
5    "Sports official" means a person at an athletic contest who
6enforces the rules of the contest, such as an umpire or
7referee.
8    "Sports venue" means a publicly or privately owned sports
9or entertainment arena, stadium, community or convention hall,
10special event center, or amusement facility, or a special event
11center in a public park, during the 12 hours before or after
12the sanctioned sporting event.
13    "Streetgang", "streetgang member", and "criminal street
14gang" have the meanings ascribed to those terms in Section 10
15of the Illinois Streetgang Terrorism Omnibus Prevention Act.
16    "Transit employee" means a driver, operator, or employee of
17any transportation facility or system engaged in the business
18of transporting the public for hire.
19    "Transit passenger" means a passenger of any
20transportation facility or system engaged in the business of
21transporting the public for hire, including a passenger using
22any area designated by a transportation facility or system as a
23vehicle boarding, departure, or transfer location.
24    "Utility worker" means any of the following:
25        (1) A person employed by a public utility as defined in
26    Section 3-105 of the Public Utilities Act.

 

 

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1        (2) An employee of a municipally owned utility.
2        (3) An employee of a cable television company.
3        (4) An employee of an electric cooperative as defined
4    in Section 3-119 of the Public Utilities Act.
5        (5) An independent contractor or an employee of an
6    independent contractor working on behalf of a cable
7    television company, public utility, municipally owned
8    utility, or electric cooperative.
9        (6) An employee of a telecommunications carrier as
10    defined in Section 13-202 of the Public Utilities Act, or
11    an independent contractor or an employee of an independent
12    contractor working on behalf of a telecommunications
13    carrier.
14        (7) An employee of a telephone or telecommunications
15    cooperative as defined in Section 13-212 of the Public
16    Utilities Act, or an independent contractor or an employee
17    of an independent contractor working on behalf of a
18    telephone or telecommunications cooperative.
19(Source: P.A. 99-143, eff. 7-27-15.)
 
20    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
21    Sec. 12-2. Aggravated assault.
22    (a) Offense based on location of conduct. A person commits
23aggravated assault when he or she commits an assault against an
24individual who is on or about a public way, public property, a
25public place of accommodation or amusement, or a sports venue.

 

 

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1    (b) Offense based on status of victim. A person commits
2aggravated assault when, in committing an assault, he or she
3knows the individual assaulted to be any of the following:
4        (1) A person with a physical disability or a person 60
5    years of age or older and the assault is without legal
6    justification.
7        (2) A teacher or school employee upon school grounds or
8    grounds adjacent to a school or in any part of a building
9    used for school purposes.
10        (3) A park district employee upon park grounds or
11    grounds adjacent to a park or in any part of a building
12    used for park purposes.
13        (4) A community policing volunteer, private security
14    officer, or utility worker:
15            (i) performing his or her official duties;
16            (ii) assaulted to prevent performance of his or her
17        official duties; or
18            (iii) assaulted in retaliation for performing his
19        or her official duties.
20        (4.1) A peace officer, fireman, emergency management
21    worker, or emergency medical services personnel
22    technician:
23            (i) performing his or her official duties;
24            (ii) assaulted to prevent performance of his or her
25        official duties; or
26            (iii) assaulted in retaliation for performing his

 

 

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1        or her official duties.
2        (5) A correctional officer or probation officer:
3            (i) performing his or her official duties;
4            (ii) assaulted to prevent performance of his or her
5        official duties; or
6            (iii) assaulted in retaliation for performing his
7        or her official duties.
8        (6) A correctional institution employee, a county
9    juvenile detention center employee who provides direct and
10    continuous supervision of residents of a juvenile
11    detention center, including a county juvenile detention
12    center employee who supervises recreational activity for
13    residents of a juvenile detention center, or a Department
14    of Human Services employee, Department of Human Services
15    officer, or employee of a subcontractor of the Department
16    of Human Services supervising or controlling sexually
17    dangerous persons or sexually violent persons:
18            (i) performing his or her official duties;
19            (ii) assaulted to prevent performance of his or her
20        official duties; or
21            (iii) assaulted in retaliation for performing his
22        or her official duties.
23        (7) An employee of the State of Illinois, a municipal
24    corporation therein, or a political subdivision thereof,
25    performing his or her official duties.
26        (8) A transit employee performing his or her official

 

 

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1    duties, or a transit passenger.
2        (9) A sports official or coach actively participating
3    in any level of athletic competition within a sports venue,
4    on an indoor playing field or outdoor playing field, or
5    within the immediate vicinity of such a facility or field.
6        (10) A person authorized to serve process under Section
7    2-202 of the Code of Civil Procedure or a special process
8    server appointed by the circuit court, while that
9    individual is in the performance of his or her duties as a
10    process server.
11    (c) Offense based on use of firearm, device, or motor
12vehicle. A person commits aggravated assault when, in
13committing an assault, he or she does any of the following:
14        (1) Uses a deadly weapon, an air rifle as defined in
15    Section 24.8-0.1 of this Act, or any device manufactured
16    and designed to be substantially similar in appearance to a
17    firearm, other than by discharging a firearm.
18        (2) Discharges a firearm, other than from a motor
19    vehicle.
20        (3) Discharges a firearm from a motor vehicle.
21        (4) Wears a hood, robe, or mask to conceal his or her
22    identity.
23        (5) Knowingly and without lawful justification shines
24    or flashes a laser gun sight or other laser device attached
25    to a firearm, or used in concert with a firearm, so that
26    the laser beam strikes near or in the immediate vicinity of

 

 

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1    any person.
2        (6) Uses a firearm, other than by discharging the
3    firearm, against a peace officer, community policing
4    volunteer, fireman, private security officer, emergency
5    management worker, emergency medical services personnel
6    technician, employee of a police department, employee of a
7    sheriff's department, or traffic control municipal
8    employee:
9            (i) performing his or her official duties;
10            (ii) assaulted to prevent performance of his or her
11        official duties; or
12            (iii) assaulted in retaliation for performing his
13        or her official duties.
14        (7) Without justification operates a motor vehicle in a
15    manner which places a person, other than a person listed in
16    subdivision (b)(4), in reasonable apprehension of being
17    struck by the moving motor vehicle.
18        (8) Without justification operates a motor vehicle in a
19    manner which places a person listed in subdivision (b)(4),
20    in reasonable apprehension of being struck by the moving
21    motor vehicle.
22        (9) Knowingly video or audio records the offense with
23    the intent to disseminate the recording.
24    (d) Sentence. Aggravated assault as defined in subdivision
25(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
26(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that

 

 

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1aggravated assault as defined in subdivision (b)(4) and (b)(7)
2is a Class 4 felony if a Category I, Category II, or Category
3III weapon is used in the commission of the assault. Aggravated
4assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
5(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
6Aggravated assault as defined in subdivision (c)(3) or (c)(8)
7is a Class 3 felony.
8    (e) For the purposes of this Section, "Category I weapon",
9"Category II weapon, and "Category III weapon" have the
10meanings ascribed to those terms in Section 33A-1 of this Code.
11(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143,
12eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)
 
13    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
14    Sec. 12-3.05. Aggravated battery.
15    (a) Offense based on injury. A person commits aggravated
16battery when, in committing a battery, other than by the
17discharge of a firearm, he or she knowingly does any of the
18following:
19        (1) Causes great bodily harm or permanent disability or
20    disfigurement.
21        (2) Causes severe and permanent disability, great
22    bodily harm, or disfigurement by means of a caustic or
23    flammable substance, a poisonous gas, a deadly biological
24    or chemical contaminant or agent, a radioactive substance,
25    or a bomb or explosive compound.

 

 

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1        (3) Causes great bodily harm or permanent disability or
2    disfigurement to an individual whom the person knows to be
3    a peace officer, community policing volunteer, fireman,
4    private security officer, correctional institution
5    employee, or Department of Human Services employee
6    supervising or controlling sexually dangerous persons or
7    sexually violent persons:
8            (i) performing his or her official duties;
9            (ii) battered to prevent performance of his or her
10        official duties; or
11            (iii) battered in retaliation for performing his
12        or her official duties.
13        (4) Causes great bodily harm or permanent disability or
14    disfigurement to an individual 60 years of age or older.
15        (5) Strangles another individual.
16    (b) Offense based on injury to a child or person with an
17intellectual disability. A person who is at least 18 years of
18age commits aggravated battery when, in committing a battery,
19he or she knowingly and without legal justification by any
20means:
21        (1) causes great bodily harm or permanent disability or
22    disfigurement to any child under the age of 13 years, or to
23    any person with a severe or profound intellectual
24    disability; or
25        (2) causes bodily harm or disability or disfigurement
26    to any child under the age of 13 years or to any person

 

 

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1    with a severe or profound intellectual disability.
2    (c) Offense based on location of conduct. A person commits
3aggravated battery when, in committing a battery, other than by
4the discharge of a firearm, he or she is or the person battered
5is on or about a public way, public property, a public place of
6accommodation or amusement, a sports venue, or a domestic
7violence shelter.
8    (d) Offense based on status of victim. A person commits
9aggravated battery when, in committing a battery, other than by
10discharge of a firearm, he or she knows the individual battered
11to be any of the following:
12        (1) A person 60 years of age or older.
13        (2) A person who is pregnant or has a physical
14    disability.
15        (3) A teacher or school employee upon school grounds or
16    grounds adjacent to a school or in any part of a building
17    used for school purposes.
18        (4) A peace officer, community policing volunteer,
19    fireman, private security officer, correctional
20    institution employee, or Department of Human Services
21    employee supervising or controlling sexually dangerous
22    persons or sexually violent persons:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or
26            (iii) battered in retaliation for performing his

 

 

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1        or her official duties.
2        (5) A judge, emergency management worker, emergency
3    medical services personnel technician, or utility worker:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (6) An officer or employee of the State of Illinois, a
10    unit of local government, or a school district, while
11    performing his or her official duties.
12        (7) A transit employee performing his or her official
13    duties, or a transit passenger.
14        (8) A taxi driver on duty.
15        (9) A merchant who detains the person for an alleged
16    commission of retail theft under Section 16-26 of this Code
17    and the person without legal justification by any means
18    causes bodily harm to the merchant.
19        (10) A person authorized to serve process under Section
20    2-202 of the Code of Civil Procedure or a special process
21    server appointed by the circuit court while that individual
22    is in the performance of his or her duties as a process
23    server.
24        (11) A nurse while in the performance of his or her
25    duties as a nurse.
26    (e) Offense based on use of a firearm. A person commits

 

 

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1aggravated battery when, in committing a battery, he or she
2knowingly does any of the following:
3        (1) Discharges a firearm, other than a machine gun or a
4    firearm equipped with a silencer, and causes any injury to
5    another person.
6        (2) Discharges a firearm, other than a machine gun or a
7    firearm equipped with a silencer, and causes any injury to
8    a person he or she knows to be a peace officer, community
9    policing volunteer, person summoned by a police officer,
10    fireman, private security officer, correctional
11    institution employee, or emergency management worker:
12            (i) performing his or her official duties;
13            (ii) battered to prevent performance of his or her
14        official duties; or
15            (iii) battered in retaliation for performing his
16        or her official duties.
17        (3) Discharges a firearm, other than a machine gun or a
18    firearm equipped with a silencer, and causes any injury to
19    a person he or she knows to be an emergency medical
20    services personnel technician employed by a municipality
21    or other governmental unit:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his
26        or her official duties.

 

 

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1        (4) Discharges a firearm and causes any injury to a
2    person he or she knows to be a teacher, a student in a
3    school, or a school employee, and the teacher, student, or
4    employee is upon school grounds or grounds adjacent to a
5    school or in any part of a building used for school
6    purposes.
7        (5) Discharges a machine gun or a firearm equipped with
8    a silencer, and causes any injury to another person.
9        (6) Discharges a machine gun or a firearm equipped with
10    a silencer, and causes any injury to a person he or she
11    knows to be a peace officer, community policing volunteer,
12    person summoned by a police officer, fireman, private
13    security officer, correctional institution employee or
14    emergency management worker:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (7) Discharges a machine gun or a firearm equipped with
21    a silencer, and causes any injury to a person he or she
22    knows to be an emergency medical services personnel
23    technician employed by a municipality or other
24    governmental unit:
25            (i) performing his or her official duties;
26            (ii) battered to prevent performance of his or her

 

 

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1        official duties; or
2            (iii) battered in retaliation for performing his
3        or her official duties.
4        (8) Discharges a machine gun or a firearm equipped with
5    a silencer, and causes any injury to a person he or she
6    knows to be a teacher, or a student in a school, or a
7    school employee, and the teacher, student, or employee is
8    upon school grounds or grounds adjacent to a school or in
9    any part of a building used for school purposes.
10    (f) Offense based on use of a weapon or device. A person
11commits aggravated battery when, in committing a battery, he or
12she does any of the following:
13        (1) Uses a deadly weapon other than by discharge of a
14    firearm, or uses an air rifle as defined in Section
15    24.8-0.1 of this Code.
16        (2) Wears a hood, robe, or mask to conceal his or her
17    identity.
18        (3) Knowingly and without lawful justification shines
19    or flashes a laser gunsight or other laser device attached
20    to a firearm, or used in concert with a firearm, so that
21    the laser beam strikes upon or against the person of
22    another.
23        (4) Knowingly video or audio records the offense with
24    the intent to disseminate the recording.
25    (g) Offense based on certain conduct. A person commits
26aggravated battery when, other than by discharge of a firearm,

 

 

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1he or she does any of the following:
2        (1) Violates Section 401 of the Illinois Controlled
3    Substances Act by unlawfully delivering a controlled
4    substance to another and any user experiences great bodily
5    harm or permanent disability as a result of the injection,
6    inhalation, or ingestion of any amount of the controlled
7    substance.
8        (2) Knowingly administers to an individual or causes
9    him or her to take, without his or her consent or by threat
10    or deception, and for other than medical purposes, any
11    intoxicating, poisonous, stupefying, narcotic, anesthetic,
12    or controlled substance, or gives to another person any
13    food containing any substance or object intended to cause
14    physical injury if eaten.
15        (3) Knowingly causes or attempts to cause a
16    correctional institution employee or Department of Human
17    Services employee to come into contact with blood, seminal
18    fluid, urine, or feces by throwing, tossing, or expelling
19    the fluid or material, and the person is an inmate of a
20    penal institution or is a sexually dangerous person or
21    sexually violent person in the custody of the Department of
22    Human Services.
23    (h) Sentence. Unless otherwise provided, aggravated
24battery is a Class 3 felony.
25    Aggravated battery as defined in subdivision (a)(4),
26(d)(4), or (g)(3) is a Class 2 felony.

 

 

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1    Aggravated battery as defined in subdivision (a)(3) or
2(g)(1) is a Class 1 felony.
3    Aggravated battery as defined in subdivision (a)(1) is a
4Class 1 felony when the aggravated battery was intentional and
5involved the infliction of torture, as defined in paragraph
6(14) of subsection (b) of Section 9-1 of this Code, as the
7infliction of or subjection to extreme physical pain, motivated
8by an intent to increase or prolong the pain, suffering, or
9agony of the victim.
10    Aggravated battery under subdivision (a)(5) is a Class 1
11felony if:
12        (A) the person used or attempted to use a dangerous
13    instrument while committing the offense; or
14        (B) the person caused great bodily harm or permanent
15    disability or disfigurement to the other person while
16    committing the offense; or
17        (C) the person has been previously convicted of a
18    violation of subdivision (a)(5) under the laws of this
19    State or laws similar to subdivision (a)(5) of any other
20    state.
21    Aggravated battery as defined in subdivision (e)(1) is a
22Class X felony.
23    Aggravated battery as defined in subdivision (a)(2) is a
24Class X felony for which a person shall be sentenced to a term
25of imprisonment of a minimum of 6 years and a maximum of 45
26years.

 

 

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1    Aggravated battery as defined in subdivision (e)(5) is a
2Class X felony for which a person shall be sentenced to a term
3of imprisonment of a minimum of 12 years and a maximum of 45
4years.
5    Aggravated battery as defined in subdivision (e)(2),
6(e)(3), or (e)(4) is a Class X felony for which a person shall
7be sentenced to a term of imprisonment of a minimum of 15 years
8and a maximum of 60 years.
9    Aggravated battery as defined in subdivision (e)(6),
10(e)(7), or (e)(8) is a Class X felony for which a person shall
11be sentenced to a term of imprisonment of a minimum of 20 years
12and a maximum of 60 years.
13    Aggravated battery as defined in subdivision (b)(1) is a
14Class X felony, except that:
15        (1) if the person committed the offense while armed
16    with a firearm, 15 years shall be added to the term of
17    imprisonment imposed by the court;
18        (2) if, during the commission of the offense, the
19    person personally discharged a firearm, 20 years shall be
20    added to the term of imprisonment imposed by the court;
21        (3) if, during the commission of the offense, the
22    person personally discharged a firearm that proximately
23    caused great bodily harm, permanent disability, permanent
24    disfigurement, or death to another person, 25 years or up
25    to a term of natural life shall be added to the term of
26    imprisonment imposed by the court.

 

 

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1    (i) Definitions. For the purposes of this Section:
2    "Building or other structure used to provide shelter" has
3the meaning ascribed to "shelter" in Section 1 of the Domestic
4Violence Shelters Act.
5    "Domestic violence" has the meaning ascribed to it in
6Section 103 of the Illinois Domestic Violence Act of 1986.
7    "Domestic violence shelter" means any building or other
8structure used to provide shelter or other services to victims
9or to the dependent children of victims of domestic violence
10pursuant to the Illinois Domestic Violence Act of 1986 or the
11Domestic Violence Shelters Act, or any place within 500 feet of
12such a building or other structure in the case of a person who
13is going to or from such a building or other structure.
14    "Firearm" has the meaning provided under Section 1.1 of the
15Firearm Owners Identification Card Act, and does not include an
16air rifle as defined by Section 24.8-0.1 of this Code.
17    "Machine gun" has the meaning ascribed to it in Section
1824-1 of this Code.
19    "Merchant" has the meaning ascribed to it in Section 16-0.1
20of this Code.
21    "Strangle" means intentionally impeding the normal
22breathing or circulation of the blood of an individual by
23applying pressure on the throat or neck of that individual or
24by blocking the nose or mouth of that individual.
25(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
26eff. 7-16-14; 99-143, eff. 7-27-15.)
 

 

 

SB2947 Enrolled- 20 -LRB099 19506 RLC 43899 b

1    (720 ILCS 5/24-1.2)  (from Ch. 38, par. 24-1.2)
2    Sec. 24-1.2. Aggravated discharge of a firearm.
3    (a) A person commits aggravated discharge of a firearm when
4he or she knowingly or intentionally:
5        (1) Discharges a firearm at or into a building he or
6    she knows or reasonably should know to be occupied and the
7    firearm is discharged from a place or position outside that
8    building;
9        (2) Discharges a firearm in the direction of another
10    person or in the direction of a vehicle he or she knows or
11    reasonably should know to be occupied by a person;
12        (3) Discharges a firearm in the direction of a person
13    he or she knows to be a peace officer, a community policing
14    volunteer, a correctional institution employee, or a
15    fireman while the officer, volunteer, employee or fireman
16    is engaged in the execution of any of his or her official
17    duties, or to prevent the officer, volunteer, employee or
18    fireman from performing his or her official duties, or in
19    retaliation for the officer, volunteer, employee or
20    fireman performing his or her official duties;
21        (4) Discharges a firearm in the direction of a vehicle
22    he or she knows to be occupied by a peace officer, a person
23    summoned or directed by a peace officer, a correctional
24    institution employee or a fireman while the officer,
25    employee or fireman is engaged in the execution of any of

 

 

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1    his or her official duties, or to prevent the officer,
2    employee or fireman from performing his or her official
3    duties, or in retaliation for the officer, employee or
4    fireman performing his or her official duties;
5        (5) Discharges a firearm in the direction of a person
6    he or she knows to be an emergency medical services
7    personnel who technician - ambulance, emergency medical
8    technician - intermediate, emergency medical technician -
9    paramedic, ambulance driver, or other medical assistance
10    or first aid personnel, employed by a municipality or other
11    governmental unit, while the emergency medical technician -
12     ambulance, emergency medical technician - intermediate,
13    emergency medical technician - paramedic, ambulance
14    driver, or other medical assistance or first aid personnel
15    is engaged in the execution of any of his or her official
16    duties, or to prevent the emergency medical services
17    personnel technician - ambulance, emergency medical
18    technician - intermediate, emergency medical technician -
19    paramedic, ambulance driver, or other medical assistance
20    or first aid personnel from performing his or her official
21    duties, or in retaliation for the emergency medical
22    services personnel technician - ambulance, emergency
23    medical technician - intermediate, emergency medical
24    technician - paramedic, ambulance driver, or other medical
25    assistance or first aid personnel performing his or her
26    official duties;

 

 

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1        (6) Discharges a firearm in the direction of a vehicle
2    he or she knows to be occupied by an emergency medical
3    services personnel technician - ambulance, emergency
4    medical technician - intermediate, emergency medical
5    technician - paramedic, ambulance driver, or other medical
6    assistance or first aid personnel, employed by a
7    municipality or other governmental unit, while the
8    emergency medical services personnel is technician -
9    ambulance, emergency medical technician - intermediate,
10    emergency medical technician - paramedic, ambulance
11    driver, or other medical assistance or first aid personnel
12    is engaged in the execution of any of his or her official
13    duties, or to prevent the emergency medical services
14    personnel technician - ambulance, emergency medical
15    technician - intermediate, emergency medical technician -
16    paramedic, ambulance driver, or other medical assistance
17    or first aid personnel from performing his or her official
18    duties, or in retaliation for the emergency medical
19    services personnel technician - ambulance, emergency
20    medical technician - intermediate, emergency medical
21    technician - paramedic, ambulance driver, or other medical
22    assistance or first aid personnel performing his or her
23    official duties;
24        (7) Discharges a firearm in the direction of a person
25    he or she knows to be a teacher or other person employed in
26    any school and the teacher or other employee is upon the

 

 

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1    grounds of a school or grounds adjacent to a school, or is
2    in any part of a building used for school purposes;
3        (8) Discharges a firearm in the direction of a person
4    he or she knows to be an emergency management worker while
5    the emergency management worker is engaged in the execution
6    of any of his or her official duties, or to prevent the
7    emergency management worker from performing his or her
8    official duties, or in retaliation for the emergency
9    management worker performing his or her official duties; or
10        (9) Discharges a firearm in the direction of a vehicle
11    he or she knows to be occupied by an emergency management
12    worker while the emergency management worker is engaged in
13    the execution of any of his or her official duties, or to
14    prevent the emergency management worker from performing
15    his or her official duties, or in retaliation for the
16    emergency management worker performing his or her official
17    duties.
18    (b) A violation of subsection (a)(1) or subsection (a)(2)
19of this Section is a Class 1 felony. A violation of subsection
20(a)(1) or (a)(2) of this Section committed in a school, on the
21real property comprising a school, within 1,000 feet of the
22real property comprising a school, at a school related activity
23or on or within 1,000 feet of any conveyance owned, leased, or
24contracted by a school to transport students to or from school
25or a school related activity, regardless of the time of day or
26time of year that the offense was committed is a Class X

 

 

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1felony. A violation of subsection (a)(3), (a)(4), (a)(5),
2(a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class X
3felony for which the sentence shall be a term of imprisonment
4of no less than 10 years and not more than 45 years.
5    (c) For purposes of this Section:
6    "Emergency medical services personnel" has the meaning
7specified in Section 3.5 of the Emergency Medical Services
8(EMS) Systems Act and shall include all ambulance crew members,
9including drivers or pilots.
10    "School" means a public or private elementary or secondary
11school, community college, college, or university.
12    "School related activity" means any sporting, social,
13academic, or other activity for which students' attendance or
14participation is sponsored, organized, or funded in whole or in
15part by a school or school district.
16(Source: P.A. 94-243, eff. 1-1-06.)
 
17    (720 ILCS 5/24-1.2-5)
18    Sec. 24-1.2-5. Aggravated discharge of a machine gun or a
19firearm equipped with a device designed or used for silencing
20the report of a firearm.
21    (a) A person commits aggravated discharge of a machine gun
22or a firearm equipped with a device designed or used for
23silencing the report of a firearm when he or she knowingly or
24intentionally:
25        (1) Discharges a machine gun or a firearm equipped with

 

 

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1    a device designed or used for silencing the report of a
2    firearm at or into a building he or she knows to be
3    occupied and the machine gun or the firearm equipped with a
4    device designed or used for silencing the report of a
5    firearm is discharged from a place or position outside that
6    building;
7        (2) Discharges a machine gun or a firearm equipped with
8    a device designed or used for silencing the report of a
9    firearm in the direction of another person or in the
10    direction of a vehicle he or she knows to be occupied;
11        (3) Discharges a machine gun or a firearm equipped with
12    a device designed or used for silencing the report of a
13    firearm in the direction of a person he or she knows to be
14    a peace officer, a person summoned or directed by a peace
15    officer, a correctional institution employee, or a fireman
16    while the officer, employee or fireman is engaged in the
17    execution of any of his or her official duties, or to
18    prevent the officer, employee or fireman from performing
19    his or her official duties, or in retaliation for the
20    officer, employee or fireman performing his or her official
21    duties;
22        (4) Discharges a machine gun or a firearm equipped with
23    a device designed or used for silencing the report of a
24    firearm in the direction of a vehicle he or she knows to be
25    occupied by a peace officer, a person summoned or directed
26    by a peace officer, a correctional institution employee or

 

 

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1    a fireman while the officer, employee or fireman is engaged
2    in the execution of any of his or her official duties, or
3    to prevent the officer, employee or fireman from performing
4    his or her official duties, or in retaliation for the
5    officer, employee or fireman performing his or her official
6    duties;
7        (5) Discharges a machine gun or a firearm equipped with
8    a device designed or used for silencing the report of a
9    firearm in the direction of a person he or she knows to be
10    an emergency medical services personnel technician -
11    ambulance, emergency medical technician - intermediate,
12    emergency medical technician - paramedic, ambulance
13    driver, or other medical assistance or first aid personnel,
14    employed by a municipality or other governmental unit,
15    while the emergency medical services personnel is
16    technician - ambulance, emergency medical technician -
17    intermediate, emergency medical technician - paramedic,
18    ambulance driver, or other medical assistance or first aid
19    personnel is engaged in the execution of any of his or her
20    official duties, or to prevent the emergency medical
21    services personnel technician - ambulance, emergency
22    medical technician - intermediate, emergency medical
23    technician - paramedic, ambulance driver, or other medical
24    assistance or first aid personnel from performing his or
25    her official duties, or in retaliation for the emergency
26    medical services personnel technician - ambulance,

 

 

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1    emergency medical technician - intermediate, emergency
2    medical technician - paramedic, ambulance driver, or other
3    medical assistance or first aid personnel performing his or
4    her official duties;
5        (6) Discharges a machine gun or a firearm equipped with
6    a device designed or used for silencing the report of a
7    firearm in the direction of a vehicle he or she knows to be
8    occupied by an emergency medical services personnel
9    technician - ambulance, emergency medical technician -
10    intermediate, emergency medical technician - paramedic,
11    ambulance driver, or other medical assistance or first aid
12    personnel, employed by a municipality or other
13    governmental unit, while the emergency medical services
14    personnel technician - ambulance, emergency medical
15    technician - intermediate, emergency medical technician -
16    paramedic, ambulance driver, or other medical assistance
17    or first aid personnel is engaged in the execution of any
18    of his or her official duties, or to prevent the emergency
19    medical services personnel technician - ambulance,
20    emergency medical technician - intermediate, emergency
21    medical technician - paramedic, ambulance driver, or other
22    medical assistance or first aid personnel from performing
23    his or her official duties, or in retaliation for the
24    emergency medical services personnel technician -
25    ambulance, emergency medical technician - intermediate,
26    emergency medical technician - paramedic, ambulance

 

 

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1    driver, or other medical assistance or first aid personnel
2    performing his or her official duties;
3        (7) Discharges a machine gun or a firearm equipped with
4    a device designed or used for silencing the report of a
5    firearm in the direction of a person he or she knows to be
6    an emergency management worker while the emergency
7    management worker is engaged in the execution of any of his
8    or her official duties, or to prevent the emergency
9    management worker from performing his or her official
10    duties, or in retaliation for the emergency management
11    worker performing his or her official duties; or
12        (8) Discharges a machine gun or a firearm equipped with
13    a device designed or used for silencing the report of a
14    firearm in the direction of a vehicle he or she knows to be
15    occupied by an emergency management worker while the
16    emergency management worker is engaged in the execution of
17    any of his or her official duties, or to prevent the
18    emergency management worker from performing his or her
19    official duties, or in retaliation for the emergency
20    management worker performing his or her official duties.
21    (b) A violation of subsection (a) (1) or subsection (a) (2)
22of this Section is a Class X felony. A violation of subsection
23(a) (3), (a) (4), (a) (5), (a) (6), (a) (7), or (a) (8) of this
24Section is a Class X felony for which the sentence shall be a
25term of imprisonment of no less than 12 years and no more than
2650 years.

 

 

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1    (c) For the purpose of this Section:
2        "Emergency medical services personnel" has the meaning
3    specified in Section 3.5 of the Emergency Medical Services
4    (EMS) Systems Act and shall include all ambulance crew
5    members, including drivers or pilots. ,
6        "Machine "machine gun" has the meaning ascribed to it
7    in clause (i) of paragraph (7) of subsection (a) of Section
8    24-1 of this Code.
9    (d) This Section does not apply to a peace officer while
10serving as a member of a tactical response team or special
11operations team. A peace officer may not personally own or
12apply for ownership of a device or attachment of any kind
13designed, used, or intended for use in silencing the report of
14any firearm. These devices shall be owned and maintained by
15lawfully recognized units of government whose duties include
16the investigation of criminal acts.
17(Source: P.A. 97-676, eff. 6-1-12.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.