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[ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_HB1195 LRB9103698RCks 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 or she knowingly or intentionally: 11 (1) Discharges a firearm at or into a building he 12 or she knows or reasonably should know to be occupied and 13 the firearm is discharged from a place or position 14 outside that building; 15 (2) Discharges a firearm in the direction of 16 another person or in the direction of a vehicle he or she 17 knows or reasonably should know to be occupied by a 18 person; 19 (3) Discharges a firearm in the direction of a 20 person he or she knows to be a peace officer, a community 21 policing volunteer, a correctional institution employee, 22 or a fireman while the officer, volunteer, employee or 23 fireman is engaged in the execution of any of his or her 24 official duties, or to prevent the officer, volunteer, 25 employee or fireman from performing his or her official 26 duties, or in retaliation for the officer, volunteer, 27 employee or fireman performing his or her official 28 duties; 29 (4) Discharges a firearm in the direction of a 30 vehicle he or she knows to be occupied by a peace 31 officer, a person summoned or directed by a peace -2- LRB9103698RCks 1 officer, a correctional institution employee or a fireman 2 while the officer, employee or fireman is engaged in the 3 execution of any of his or her official duties, or to 4 prevent the officer, employee or fireman from performing 5 his or her official duties, or in retaliation for the 6 officer, employee or fireman performing his or her 7 official duties; 8 (5) Discharges a firearm in the direction of a 9 person he or she knows to be an emergency medical 10 technician - ambulance, emergency medical technician - 11 intermediate, emergency medical technician - paramedic, 12 ambulance driver, or other medical assistance or first 13 aid personnel, employed by a municipality or other 14 governmental unit, while the emergency medical technician 15 - ambulance, emergency medical technician - intermediate, 16 emergency medical technician - paramedic, ambulance 17 driver, or other medical assistance or first aid 18 personnel is engaged in the execution of any of his or 19 her official duties, or to prevent the emergency medical 20 technician - ambulance, emergency medical technician - 21 intermediate, emergency medical technician - paramedic, 22 ambulance driver, or other medical assistance or first 23 aid personnel from performing his or her official duties, 24 or in retaliation for the emergency medical technician - 25 ambulance, emergency medical technician - intermediate, 26 emergency medical technician - paramedic, ambulance 27 driver, or other medical assistance or first aid 28 personnel performing his or her official duties; or 29 (6) Discharges a firearm in the direction of a 30 vehicle he or she knows to be occupied by an emergency 31 medical technician - ambulance, emergency medical 32 technician - intermediate, emergency medical technician - 33 paramedic,,ambulance driver, or other medical assistance 34 or first aid personnel, employed by a municipality or -3- LRB9103698RCks 1 other governmental unit, while the emergency medical 2 technician - ambulance, emergency medical technician - 3 intermediate, emergency medical technician - paramedic, 4 ambulance driver, or other medical assistance or first 5 aid personnel is engaged in the execution of any of his 6 or her official duties, or to prevent the emergency 7 medical technician - ambulance, emergency medical 8 technician - intermediate, emergency medical technician - 9 paramedic, ambulance driver, or other medical assistance 10 or first aid personnel from performing his or her 11 official duties, or in retaliation for the emergency 12 medical technician - ambulance, emergency medical 13 technician - intermediate, emergency medical technician - 14 paramedic, ambulance driver, or other medical assistance 15 or first aid personnel performing his or her official 16 duties. 17 (b) A violation of subsection (a)(1) or subsection 18 (a)(2) of this Section is a Class 1 felony. A violation of 19 subsection (a)(1) or (a)(2) of this Section committed in a 20 school, on the real property comprising a school, within 21 1,000 feet of the real property comprising a school, at a 22 school related activity or on or within 1,000 feet of any 23 conveyance owned, leased, or contracted by a school to 24 transport students to or from school or a school related 25 activity, regardless of the time of day or time of year that 26 the offense was committed is a Class X felony. A violation of 27 subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this Section 28 is a Class X felony for which the sentence shall be a term of 29 imprisonment of no less than 10 years and not more than 45 30 years. 31 (c) For purposes of this Section: 32 "School" means a public or private elementary or 33 secondary school, community college, college, or university. 34 "School related activity" means any sporting, social, -4- LRB9103698RCks 1 academic, or other activity for which students' attendance or 2 participation is sponsored, organized, or funded in whole or 3 in part by a school or school district. 4 (Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.)