State of Illinois
91st General Assembly
Legislation

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91_HB1541

 
                                               LRB9102307RCtm

 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, in committing a battery, knowingly or intentionally
11    by means of the discharging  of  a  firearm  (1)  causes  any
12    injury  to  another  person,  or  (2)  causes any injury to a
13    person he knows to be a peace officer, a  community  policing
14    volunteer,  a  correctional institution employee or a fireman
15    while the  officer, volunteer, employee or fireman is engaged
16    in the execution of any of his official duties, or to prevent
17    the officer, volunteer, employee or fireman  from  performing
18    his  official  duties,  or  in  retaliation  for the officer,
19    volunteer,  employee  or  fireman  performing  his   official
20    duties,  or  (3) causes any injury to a person he knows to be
21    an  emergency  medical  technician  -  ambulance,   emergency
22    medical   technician   -   intermediate,   emergency  medical
23    technician - paramedic, ambulance driver,  or  other  medical
24    assistance or first aid personnel, employed by a municipality
25    or  other  governmental  unit,  while  the  emergency medical
26    technician  -  ambulance,  emergency  medical  technician   -
27    intermediate,   emergency  medical  technician  -  paramedic,
28    ambulance driver, or other medical assistance  or  first  aid
29    personnel  is engaged in the execution of any of his official
30    duties, or to prevent  the  emergency  medical  technician  -
31    ambulance,   emergency  medical  technician  -  intermediate,
 
                            -2-                LRB9102307RCtm
 1    emergency medical technician - paramedic,  ambulance  driver,
 2    or  other  medical  assistance  or  first  aid personnel from
 3    performing his official duties, or  in  retaliation  for  the
 4    emergency  medical  technician - ambulance, emergency medical
 5    technician - intermediate,  emergency  medical  technician  -
 6    paramedic,  ambulance  driver, or other medical assistance or
 7    first aid personnel performing his official  duties,  or  (4)
 8    causes  any  injury  to  a  person  he  or she knows to be an
 9    officer or employee of any school while the school officer or
10    employee is engaged in the execution of any  of  his  or  her
11    official  duties,  or to prevent the officer or employee from
12    performing his or her official duties, or in retaliation  for
13    the  officer  or  employee  performing  his  or  her official
14    duties, or while the officer or employee is in any school, on
15    the real property comprising any school,  in  any  conveyance
16    owned,  leased,  or  contracted  by  a  school  to  transport
17    students  to  or from school or a school related activity, or
18    on any public way within 1,000  feet  of  the  real  property
19    comprising any school.
20        (b)  A violation of subsection (a) (1) of this Section is
21    a  Class  X  felony.    A violation of subsection (a) (2), or
22    subsection (a) (3), or subsection (a) (4) of this Section  is
23    a  Class  X  felony for which the sentence shall be a term of
24    imprisonment of no less than 15 years and  no  more  than  60
25    years.
26        (c)  For  purposes  of this Section, "firearm" is defined
27    as in "An Act relating to  the  acquisition,  possession  and
28    transfer  of  firearms  and  firearm ammunition, to provide a
29    penalty  for  the  violation   thereof   and   to   make   an
30    appropriation  in  connection  therewith", approved August 1,
31    1967, as amended.
32    (Source: P.A. 90-651, eff. 1-1-99.)

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