093_HB1366

 
                                     LRB093 04119 RLC 11037 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The  Criminal  Code  of 1961 is amended by
 5    changing 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,  or
 8    correctional institution employee, or probation officer.
 9        (a)  A  person  who  knowingly  resists  or obstructs the
10    performance by one known to the person to be a peace officer,
11    or correctional institution employee, or probation officer of
12    any authorized act within his  official  capacity  commits  a
13    Class 4 felony A misdemeanor.
14        (a-5)  In  addition  to  any  other  sentence that may be
15    imposed,  a  court  shall  order  any  person  convicted   of
16    resisting   or  obstructing  a  peace  officer,  correctional
17    institution employee, or probation officer to be sentenced to
18    a minimum of 48 consecutive hours of imprisonment or  ordered
19    to  perform  community service for not less than 100 hours as
20    may be determined by the  court.  The  person  shall  not  be
21    eligible  for  probation  in  order to reduce the sentence of
22    imprisonment or community service.
23        (a-7)  (Blank) A person convicted for a violation of this
24    Section whose violation was the proximate cause of an  injury
25    to a peace officer is guilty of a Class 4 felony.
26        (b)  For purposes of this Section:,
27        "Correctional  institution  employee"  means  any  person
28    employed  to  supervise and control inmates incarcerated in a
29    penitentiary, State farm, reformatory, prison, jail, house of
30    correction, police detention area, half-way house,  or  other
31    institution  or  place  for  the  incarceration or custody of
 
                            -2-      LRB093 04119 RLC 11037 b
 1    persons under sentence for  offenses  or  awaiting  trial  or
 2    sentence  for  offenses,  under  arrest  for  an  offense,  a
 3    violation of probation, a violation of parole, or a violation
 4    of  mandatory  supervised release, or awaiting a bail setting
 5    hearing or preliminary hearing, or who are sexually dangerous
 6    persons or who are sexually violent persons.
 7        "Probation Officer" has the meaning  ascribed  to  it  in
 8    Section 9b of the Probation and Probation Officers Act.
 9    (Source: P.A. 92-841, eff. 8-22-02.)