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90_HB2593
720 ILCS 5/24-1.2 from Ch. 38, par. 24-1.2
Amends the Criminal Code of 1961. Provides that a person
who discharges a firearm at or into a building that the
person reasonably should know to be occupied when the firearm
is discharged from a place or position outside that building
commits the offense of aggravated discharge of a firearm (now
the person must know the building is occupied in order for
the person to be liable for the offense).
LRB9007958RCks
LRB9007958RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 24-1.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 24-1.2 as follows:
7 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
8 Sec. 24-1.2. Aggravated discharge of a firearm.
9 (a) A person commits aggravated discharge of a firearm
10 when he knowingly or intentionally:
11 (1) Discharges a firearm at or into a building he
12 knows or reasonably should know to be occupied and the
13 firearm is discharged from a place or position outside
14 that building;
15 (2) Discharges a firearm in the direction of
16 another person or in the direction of a vehicle he knows
17 to be occupied;
18 (3) Discharges a firearm in the direction of a
19 person he knows to be a peace officer, a person summoned
20 or directed by a peace officer, a correctional
21 institution employee, or a fireman while the officer,
22 employee or fireman is engaged in the execution of any of
23 his official duties, or to prevent the officer, employee
24 or fireman from performing his official duties, or in
25 retaliation for the officer, employee or fireman
26 performing his official duties;
27 (4) Discharges a firearm in the direction of a
28 vehicle he knows to be occupied by a peace officer, a
29 person summoned or directed by a peace officer, a
30 correctional institution employee or a fireman while the
31 officer, employee or fireman is engaged in the execution
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1 of any of his official duties, or to prevent the officer,
2 employee or fireman from performing his official duties,
3 or in retaliation for the officer, employee or fireman
4 performing his official duties;
5 (5) Discharges a firearm in the direction of a
6 person he knows to be an emergency medical technician -
7 ambulance, emergency medical technician - intermediate,
8 emergency medical technician - paramedic, ambulance
9 driver, or other medical assistance or first aid
10 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
15 personnel is engaged in the execution of any of his
16 official duties, or to prevent the emergency medical
17 technician - ambulance, emergency medical technician -
18 intermediate, emergency medical technician - paramedic,
19 ambulance driver, or other medical assistance or first
20 aid personnel from performing his official duties, or in
21 retaliation for the emergency medical technician -
22 ambulance, emergency medical technician - intermediate,
23 emergency medical technician - paramedic, ambulance
24 driver, or other medical assistance or first aid
25 personnel performing his official duties; or
26 (6) Discharges a firearm in the direction of a
27 vehicle he knows to be occupied by an emergency medical
28 technician - ambulance, emergency medical technician -
29 intermediate, emergency medical technician - paramedic,,
30 ambulance driver, or other medical assistance or first
31 aid personnel, employed by a municipality or other
32 governmental unit, while the emergency medical technician
33 - ambulance, emergency medical technician - intermediate,
34 emergency medical technician - paramedic, ambulance
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1 driver, or other medical assistance or first aid
2 personnel is engaged in the execution of any of his
3 official duties, or to prevent the emergency medical
4 technician - ambulance, emergency medical technician -
5 intermediate, emergency medical technician - paramedic,
6 ambulance driver, or other medical assistance or first
7 aid personnel from performing his official duties, or in
8 retaliation for the emergency medical technician -
9 ambulance, emergency medical technician - intermediate,
10 emergency medical technician - paramedic, ambulance
11 driver, or other medical assistance or first aid
12 personnel performing his official duties.
13 (b) A violation of subsection (a) (1) or subsection
14 (a) (2) of this Section is a Class 1 felony. A violation of
15 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
16 Section is a Class X felony for which the sentence shall be a
17 term of imprisonment of no less than 10 years and not more
18 than 45 years.
19 (Source: P.A. 87-921; 88-433; 88-680, eff. 1-1-95.)