State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

91_HB1195eng

 
HB1195 Engrossed                               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
 
HB1195 Engrossed            -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
 
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 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,
 
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 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.)

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