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91_SB1549
LRB9111679RCsb
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 33A-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 33A-2 as follows:
7 (720 ILCS 5/33A-2) (from Ch. 38, par. 33A-2)
8 Sec. 33A-2. Armed violence-Elements of the offense.
9 (a) Except as otherwise provided in subsections (b) and
10 (c), a person commits armed violence when, while armed with a
11 dangerous weapon, he or she commits any felony defined by
12 Illinois Law, except first degree murder, attempted first
13 degree murder, intentional homicide of an unborn child,
14 predatory criminal sexual assault of a child, aggravated
15 criminal sexual assault, aggravated kidnaping, aggravated
16 battery of a child, home invasion, armed robbery, or
17 aggravated vehicular hijacking.
18 (b) A person commits armed violence when he or she
19 personally discharges a firearm that is a Category I or
20 Category II weapon while committing any felony defined by
21 Illinois law, except first degree murder, attempted first
22 degree murder, intentional homicide of an unborn child,
23 predatory criminal sexual assault of a child, aggravated
24 criminal sexual assault, aggravated kidnaping, aggravated
25 battery of a child, home invasion, armed robbery, or
26 aggravated vehicular hijacking.
27 (c) A person commits armed violence when he or she
28 personally discharges a firearm that is a Category I or
29 Category II weapon that proximately causes great bodily harm,
30 permanent disability, or permanent disfigurement or death to
31 another person while committing any felony defined by
-2- LRB9111679RCsb
1 Illinois law, except first degree murder, attempted first
2 degree murder, intentional homicide of an unborn child,
3 predatory criminal sexual assault of a child, aggravated
4 criminal sexual assault, aggravated kidnaping, aggravated
5 battery of a child, home invasion, armed robbery, or
6 aggravated vehicular hijacking.
7 (d) This Section does not apply to violations of the
8 Fish and Aquatic Life Code or the Wildlife Code.
9 (Source: P.A. 91-404, eff. 1-1-00.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.