State of Illinois
90th General Assembly
Legislation

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[ Engrossed ]

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
                            -2-                LRB9007958RCks
 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
                            -3-                LRB9007958RCks
 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.)

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