State of Illinois
2021 and 2022


Introduced 2/10/2021, by Rep. Andrew S. Chesney


720 ILCS 5/31-1  from Ch. 38, par. 31-1

    Amends the Criminal Code of 2012. Deletes the mental state of "knowingly" from the elements of the offense of resisting or obstructing a peace officer, firefighter, or correctional institution employee.

LRB102 04138 RLC 14155 b






HB0829LRB102 04138 RLC 14155 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 31-1 as follows:
6    (720 ILCS 5/31-1)  (from Ch. 38, par. 31-1)
7    Sec. 31-1. Resisting or obstructing a peace officer,
8firefighter, or correctional institution employee.
9    (a) A person who knowingly resists or obstructs the
10performance by one known to the person to be a peace officer,
11firefighter, or correctional institution employee of any
12authorized act within his or her official capacity commits a
13Class A misdemeanor.
14    (a-5) In addition to any other sentence that may be
15imposed, a court shall order any person convicted of resisting
16or obstructing a peace officer, firefighter, or correctional
17institution employee to be sentenced to a minimum of 48
18consecutive hours of imprisonment or ordered to perform
19community service for not less than 100 hours as may be
20determined by the court. The person shall not be eligible for
21probation in order to reduce the sentence of imprisonment or
22community service.
23    (a-7) A person convicted for a violation of this Section



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1whose violation was the proximate cause of an injury to a peace
2officer, firefighter, or correctional institution employee is
3guilty of a Class 4 felony.
4    (b) For purposes of this Section, "correctional
5institution employee" means any person employed to supervise
6and control inmates incarcerated in a penitentiary, State
7farm, reformatory, prison, jail, house of correction, police
8detention area, half-way house, or other institution or place
9for the incarceration or custody of persons under sentence for
10offenses or awaiting trial or sentence for offenses, under
11arrest for an offense, a violation of probation, a violation
12of parole, a violation of aftercare release, a violation of
13mandatory supervised release, or awaiting a bail setting
14hearing or preliminary hearing, or who are sexually dangerous
15persons or who are sexually violent persons; and "firefighter"
16means any individual, either as an employee or volunteer, of a
17regularly constituted fire department of a municipality or
18fire protection district who performs fire fighting duties,
19including, but not limited to, the fire chief, assistant fire
20chief, captain, engineer, driver, ladder person, hose person,
21pipe person, and any other member of a regularly constituted
22fire department. "Firefighter" also means a person employed by
23the Office of the State Fire Marshal to conduct arson
25    (c) It is an affirmative defense to a violation of this
26Section if a person resists or obstructs the performance of



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1one known by the person to be a firefighter by returning to or
2remaining in a dwelling, residence, building, or other
3structure to rescue or to attempt to rescue any person.
4(Source: P.A. 98-558, eff. 1-1-14.)