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90_HB1046ham001
LRB9002576RCksam
1 AMENDMENT TO HOUSE BILL 1046
2 AMENDMENT NO. . Amend House Bill 1046 on page 1, by
3 replacing line 6 with the following:
4 "changing Sections 9-1, 12-4.1, 20-2, and 26-1 and adding
5 Sections 12-4.2-5 and 24-1.2-5 and Article 20.5 as follows:";
6 and
7 on page 5, line 34, by inserting "intentional" after "the";
8 and
9 on page 6, line 1, by replacing "igniting" with "intentional
10 igniting"; and
11 on page 6, by replacing line 2, with the following:
12 "device or flammable substance; or
13 (17) the murdered individual was killed as the
14 result of the intentional release of poisonous gas; or
15 (18) the murdered individual was killed as the
16 result of the intentional discharge of a machine gun as
17 defined in clause (i) of paragraph (7) of subsection (a)
18 of Section 24-1 of this Code; or
19 (19) the murdered individual was killed as the
20 result of the intentional discharge of a firearm that, at
21 the time of the discharge, was equipped with any device
22 or attachment designed or used for silencing the report
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1 of the firearm; or
2 (20) the murdered individual was killed as the
3 result of the intentional release of any biological or
4 chemical contaminant or agent or the intentional exposure
5 of any person to a radioactive substance."; and
6 on page 9, by inserting between lines 16 and 17 the
7 following:
8 "(720 ILCS 5/12-4.1) (from Ch. 38, par. 12-4.1)
9 Sec. 12-4.1. Heinous Battery.
10 (a) A person who, in committing a battery, knowingly
11 causes severe and permanent disability or disfigurement by
12 means of a caustic or flammable substance, a poisonous or
13 noxious gas, a biological or chemical contaminant or agent, a
14 radioactive substance, or a bomb or explosive compound
15 commits heinous battery.
16 (b) Sentence. Heinous battery is a Class X felony for
17 which a person shall be sentenced to a term of imprisonment
18 of no less than 12 years and no more than 45 years.
19 (Source: P.A. 88-285.)
20 (720 ILCS 5/12-4.2-5 new)
21 Sec. 12-4.2-5. Aggravated battery with a machine gun or
22 a firearm equipped with any device or attachment designed or
23 used for silencing the report of a firearm.
24 (a) A person commits aggravated battery with a machine
25 gun or a firearm equipped with a device designed or used for
26 silencing the report of a firearm when he or she, in
27 committing a battery, knowingly or intentionally by means of
28 the discharging of a machine gun or a firearm equipped with a
29 device designed or used for silencing the report of a firearm
30 (1) causes any injury to another person, or (2) causes any
31 injury to a person he or she knows to be a peace officer, a
32 person summoned by a peace officer, a correctional
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1 institution employee or a fireman while the officer,
2 employee or fireman is engaged in the execution of any of his
3 or her official duties, or to prevent the officer, employee
4 or fireman from performing his or her official duties, or in
5 retaliation for the officer, employee or fireman performing
6 his or her official duties, or (3) causes any injury to a
7 person he or she knows to be an emergency medical technician
8 - ambulance, emergency medical technician - intermediate,
9 emergency medical technician - paramedic, ambulance driver,
10 or other medical assistance or first aid personnel, employed
11 by a municipality or other governmental unit, while the
12 emergency medical technician - ambulance, emergency medical
13 technician - intermediate, emergency medical technician -
14 paramedic, ambulance driver, or other medical assistance or
15 first aid personnel is engaged in the execution of any of his
16 or her 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 aid
20 personnel from performing his or her official duties, or in
21 retaliation for the emergency medical technician - ambulance,
22 emergency medical technician - intermediate, emergency
23 medical technician - paramedic, ambulance driver, or other
24 medical assistance or first aid personnel performing his or
25 her official duties.
26 (b) A violation of subsection (a) (1) of this Section is
27 a Class X felony for which the person shall be sentenced to a
28 term of imprisonment of no less than 12 years and no more
29 than 45 years. A violation of subsection (a) (2) or
30 subsection (a) (3) of this Section is a Class X felony for
31 which the sentence shall be a term of imprisonment of no less
32 than 20 years and no more than 60 years.
33 (c) For purposes of this Section, "firearm" is defined
34 as in the Firearm Owners Identification Card Act.
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1 (d) For purposes of this Section, "machine gun" has the
2 meaning ascribed to it in clause (i) of paragraph (7) of
3 subsection (a) of Section 24-1 of this Code."; and
4 on page 9, by inserting below line 33 the following:
5 (720 ILCS 5/Art. 20.5 heading new)
6 ARTICLE 20.5. DEADLY SUBSTANCES
7 (720 ILCS 5/20.5-5 new)
8 Sec. 20.5-5. Possession of a deadly substance.
9 (a) A person commits the offense of possession of a
10 deadly substance when he or she possesses, manufactures or
11 transports any poisonous or noxious gas, poisonous or noxious
12 biological or chemical contaminant or agent, or radioactive
13 substance either with the intent to use such gas, biological
14 or chemical contaminant or agent, or radioactive substance to
15 commit any offense or with the knowledge that another person
16 intends to use such gas, biological or chemical contaminant
17 or agent, or radioactive substance to commit a felony.
18 (b) Sentence. Possession of a deadly substance is a
19 Class 1 felony for which a person, if sentenced to a term of
20 imprisonment, shall be sentenced to a term of not less than 4
21 years and not more than 30 years.
22 (720 ILCS 5/24-1.2-5 new)
23 Sec. 24-1.2-5. Aggravated discharge of a machine gun or
24 a firearm equipped with a device designed or used for
25 silencing the report of a firearm.
26 (a) A person commits aggravated discharge of a machine
27 gun or a firearm equipped with a device designed or used for
28 silencing the report of a firearm when he or she knowingly or
29 intentionally:
30 (1) Discharges a machine gun or a firearm equipped
31 with a device designed or used for silencing the report
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1 of a firearm at or into a building he or she knows to be
2 occupied and the machine gun or the firearm equipped with
3 a device designed or used for silencing the report of a
4 firearm is discharged from a place or position outside
5 that building;
6 (2) Discharges a machine gun or a firearm equipped
7 with a device designed or used for silencing the report
8 of a firearm in the direction of another person or in the
9 direction of a vehicle he or she knows to be occupied;
10 (3) Discharges a machine gun or a firearm equipped
11 with a device designed or used for silencing the report
12 of a firearm in the direction of a person he or she knows
13 to be a peace officer, a person summoned or directed by a
14 peace officer, a correctional institution employee, or a
15 fireman while the officer, employee or fireman is engaged
16 in the execution of any of his or her official duties, or
17 to prevent the officer, employee or fireman from
18 performing his or her official duties, or in retaliation
19 for the officer, employee or fireman performing his or
20 her official duties;
21 (4) Discharges a machine gun or a firearm equipped
22 with a device designed or used for silencing the report
23 of a firearm in the direction of a vehicle he or she
24 knows to be occupied by a peace officer, a person
25 summoned or directed by a peace officer, a correctional
26 institution employee or a fireman while the officer,
27 employee or fireman is engaged in the execution of any of
28 his or her official duties, or to prevent the officer,
29 employee or fireman from performing his or her official
30 duties, or in retaliation for the officer, employee or
31 fireman performing his or her official duties;
32 (5) Discharges a machine gun or a firearm equipped
33 with a device designed or used for silencing the report
34 of a firearm in the direction of a person he or she knows
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1 to be an emergency medical technician - ambulance,
2 emergency medical technician - intermediate, emergency
3 medical technician - paramedic, ambulance driver, or
4 other medical assistance or first aid personnel, employed
5 by a municipality or other governmental unit, while the
6 emergency medical technician - ambulance, emergency
7 medical technician - intermediate, emergency medical
8 technician - paramedic, ambulance driver, or other
9 medical assistance or first aid personnel is engaged in
10 the execution of any of his or her official duties, or to
11 prevent the emergency medical technician - ambulance,
12 emergency medical technician - intermediate, emergency
13 medical technician - paramedic, ambulance driver, or
14 other medical assistance or first aid personnel from
15 performing his or her official duties, or in retaliation
16 for the emergency medical technician - ambulance,
17 emergency medical technician - intermediate, emergency
18 medical technician - paramedic, ambulance driver, or
19 other medical assistance or first aid personnel
20 performing his or her official duties; or
21 (6) Discharges a machine gun or a firearm equipped
22 with a device designed or used for silencing the report
23 of a firearm in the direction of a vehicle he or she
24 knows to be occupied by an 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, employed by a municipality or other
29 governmental unit, while the emergency medical technician
30 - ambulance, emergency medical technician - intermediate,
31 emergency medical technician - paramedic, ambulance
32 driver, or other medical assistance or first aid
33 personnel is engaged in the execution of any of his or
34 her official duties, or to prevent the emergency medical
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1 technician - ambulance, emergency medical technician -
2 intermediate, emergency medical technician - paramedic,
3 ambulance driver, or other medical assistance or first
4 aid personnel from performing his or her official duties,
5 or in retaliation for the emergency medical technician -
6 ambulance, emergency medical technician - intermediate,
7 emergency medical technician - paramedic, ambulance
8 driver, or other medical assistance or first aid
9 personnel performing his or her official duties.
10 (b) A violation of subsection (a) (1) or subsection
11 (a) (2) of this Section is a Class X felony. A violation of
12 subsection (a) (3), (a) (4), (a) (5), or (a) (6) of this
13 Section is a Class X felony for which the sentence shall be a
14 term of imprisonment of no less than 12 years and no more
15 than 50 years.
16 (c) For the purpose of this Section, "machine gun" has
17 the meaning ascribed to it in clause (i) of paragraph (7) of
18 subsection (a) of Section 24-1 of this Code."; and
19 on page 13, by replacing lines 31 through 34 and on page 14,
20 by replacing lines 1 through 4 with the following:
21 "(2.3) The rules and regulations on early release shall
22 provide with respect to the offenses of aggravated battery
23 with a machine gun or a firearm equipped with any device or
24 attachment designed or used for silencing the report of a
25 firearm or aggravated discharge of a machine gun or a firearm
26 equipped with any device or attachment designed or used for
27 silencing the report of a firearm, committed on or after the
28 effective date of this amendatory Act of 1997, that a
29 prisoner serving a sentence for any of these offenses shall
30 receive no more than 4.5 days of good conduct credit for each
31 month of his or her sentence of imprisonment.".