State of Illinois
91st General Assembly
Legislation

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91_HB1199eng

 
HB1199 Engrossed                               LRB9103696RCks

 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 12-4.2.

 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 12-4.2 as follows:

 7        (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
 8        Sec. 12-4.2.  Aggravated Battery with a firearm.
 9        (a)  A  person  commits aggravated battery with a firearm
10    when he  or  she,  in  committing  a  battery,  knowingly  or
11    intentionally by means of the discharging of a firearm:
12             (1) causes any injury to another person, or
13             (2) causes any injury to a person he or she knows to
14        be  a  peace  officer,  a community policing volunteer, a
15        correctional institution employee or a fireman while  the
16        officer, volunteer, employee or fireman is engaged in the
17        execution  of  any  of  his or her official duties, or to
18        prevent the officer, volunteer, employee or fireman  from
19        performing  his or her official duties, or in retaliation
20        for  the  officer,   volunteer,   employee   or   fireman
21        performing his or her official duties, or
22             (3)  causes  any  injury to a person he or she knows
23        to  be  an  emergency  medical  technician  -  ambulance,
24        emergency medical technician  -  intermediate,  emergency
25        medical  technician  -  paramedic,  ambulance  driver, or
26        other medical assistance or first aid personnel, employed
27        by a municipality or other governmental unit,  while  the
28        emergency   medical  technician  -  ambulance,  emergency
29        medical  technician  -  intermediate,  emergency  medical
30        technician  -  paramedic,  ambulance  driver,  or   other
31        medical  assistance  or first aid personnel is engaged in
 
HB1199 Engrossed            -2-                LRB9103696RCks
 1        the execution of any of his or her official duties, or to
 2        prevent the emergency  medical  technician  -  ambulance,
 3        emergency  medical  technician  - intermediate, emergency
 4        medical technician  -  paramedic,  ambulance  driver,  or
 5        other  medical  assistance  or  first  aid personnel from
 6        performing his or her official duties, or in  retaliation
 7        for   the   emergency  medical  technician  -  ambulance,
 8        emergency medical technician  -  intermediate,  emergency
 9        medical  technician  -  paramedic,  ambulance  driver, or
10        other  medical  assistance   or   first   aid   personnel
11        performing his or her official duties; or
12             (4)  causes  any injury to a person he or she knows,
13        or reasonably should know, to be a student,  teacher,  or
14        other  person  employed  by  a  school or school district
15        while that person is in a school, on  the  real  property
16        comprising  a  school,  within  1,000  feet  of  the real
17        property  comprising  a  school,  at  a  school   related
18        activity,  on  or  within  1,000  feet  of any conveyance
19        owned, leased,  or  contracted  by  a  school  or  school
20        district  to  transport  students  to or from school or a
21        school related activity regardless of the time of day  or
22        time of year that the offense was committed.
23        (b)  A violation of subsection (a) (1) of this Section is
24    a  Class  X  felony.    A  violation of subsection (a)(2), or
25    subsection (a) (3), or subsection (a)(4) of this Section is a
26    Class X felony for which the sentence  shall  be  a  term  of
27    imprisonment  of  no  less  than 15 years and no more than 60
28    years.
29        (c)  For purposes of this Section:,
30        "Firearm"  is  defined   as   in   the   Firearm   Owners
31    Identification Card Act.
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,
 
HB1199 Engrossed            -3-                LRB9103696RCks
 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. "An Act relating to
 4    the acquisition, possession  and  transfer  of  firearms  and
 5    firearm  ammunition,  to  provide a penalty for the violation
 6    thereof  and  to  make   an   appropriation   in   connection
 7    therewith", approved August 1, 1967, as amended.
 8    (Source: P.A. 90-651, eff. 1-1-99.)

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