093_HB3078eng

 
HB3078 Engrossed                     LRB093 09506 RLC 09741 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  Sections 9-1, 12-2, 12-4, 12-4.2, 12-4.2-5, 24-1.2,
 6    and 24-1.2-5 and adding Sections 2-6.6 and 31-9 as follows:

 7        (720 ILCS 5/2-6.6 new)
 8        Sec. 2-6.6.  Emergency management worker.
 9        "Emergency management worker" means any person,  paid  or
10    unpaid,  who  is  a  member  of  a  local or county emergency
11    services and disaster  agency  as  defined  by  the  Illinois
12    Emergency Management Agency Act, or who is an employee of the
13    Illinois Emergency Management Agency or the Federal Emergency
14    Management Agency.

15        (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
16        Sec.  9-1.  First  degree  Murder  -  Death  penalties  -
17    Exceptions - Separate Hearings - Proof - Findings - Appellate
18    procedures - Reversals.
19        (a)  A  person  who  kills  an  individual without lawful
20    justification commits first degree murder if,  in  performing
21    the acts which cause the death:
22             (1)  he  either  intends  to kill or do great bodily
23        harm to that individual or another, or  knows  that  such
24        acts will cause death to that individual or another; or
25             (2)  he   knows  that  such  acts  create  a  strong
26        probability  of  death  or  great  bodily  harm  to  that
27        individual or another; or
28             (3)  he  is  attempting  or  committing  a  forcible
29        felony other than second degree murder.
30        (b)  Aggravating Factors.  A defendant who at the time of
 
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 1    the commission of the offense has attained the age of  18  or
 2    more and who has been found guilty of first degree murder may
 3    be sentenced to death if:
 4             (1)  the  murdered individual was a peace officer or
 5        fireman killed in the course of performing  his  official
 6        duties,  to  prevent  the  performance  of  his  official
 7        duties,  or  in  retaliation  for performing his official
 8        duties, and the defendant knew or should have known  that
 9        the  murdered  individual was a peace officer or fireman;
10        or
11             (2)  the murdered individual was an employee  of  an
12        institution or facility of the Department of Corrections,
13        or  any  similar local correctional agency, killed in the
14        course of performing his official duties, to prevent  the
15        performance of his official duties, or in retaliation for
16        performing   his   official   duties,   or  the  murdered
17        individual was an inmate at such institution or  facility
18        and  was  killed  on the grounds thereof, or the murdered
19        individual was otherwise present in such  institution  or
20        facility  with  the  knowledge  and approval of the chief
21        administrative officer thereof; or
22             (3)  the defendant has been convicted  of  murdering
23        two  or  more  individuals  under  subsection (a) of this
24        Section or under any law of the United States or  of  any
25        state which is substantially similar to subsection (a) of
26        this  Section  regardless  of whether the deaths occurred
27        as the result of the same act or of  several  related  or
28        unrelated  acts  so long as the deaths were the result of
29        either an intent to kill  more  than  one  person  or  of
30        separate  acts which the defendant knew would cause death
31        or create a strong probability of death or  great  bodily
32        harm to the murdered individual or another; or
33             (4)  the  murdered individual was killed as a result
34        of the hijacking of an  airplane,  train,  ship,  bus  or
 
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 1        other public conveyance; or
 2             (5)  the  defendant committed the murder pursuant to
 3        a contract, agreement or understanding by which he was to
 4        receive  money  or  anything  of  value  in  return   for
 5        committing  the  murder or procured another to commit the
 6        murder for money or anything of value; or
 7             (6)  the  murdered  individual  was  killed  in  the
 8        course of another felony if:
 9                  (a)  the murdered individual:
10                       (i)  was actually killed by the defendant,
11                  or
12                       (ii)  received      physical      injuries
13                  personally   inflicted   by    the    defendant
14                  substantially  contemporaneously  with physical
15                  injuries caused by  one  or  more  persons  for
16                  whose   conduct   the   defendant   is  legally
17                  accountable under Section 5-2 of this Code, and
18                  the physical injuries inflicted by  either  the
19                  defendant  or  the  other person or persons for
20                  whose conduct he is legally accountable  caused
21                  the death of the murdered individual; and
22                  (b)  in  performing  the  acts which caused the
23             death of the murdered individual or  which  resulted
24             in  physical  injuries  personally  inflicted by the
25             defendant  on  the  murdered  individual  under  the
26             circumstances of subdivision  (ii)  of  subparagraph
27             (a)  of  paragraph  (6)  of  subsection  (b) of this
28             Section, the defendant acted with the intent to kill
29             the murdered individual or with the  knowledge  that
30             his  acts  created  a strong probability of death or
31             great bodily harm  to  the  murdered  individual  or
32             another; and
33                  (c)  the other felony was one of the following:
34             armed  robbery,  armed  violence, robbery, predatory
 
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 1             criminal  sexual  assault  of  a  child,  aggravated
 2             criminal  sexual  assault,  aggravated   kidnapping,
 3             aggravated  vehicular hijacking, forcible detention,
 4             arson,  aggravated   arson,   aggravated   stalking,
 5             burglary,   residential   burglary,  home  invasion,
 6             calculated criminal drug conspiracy  as  defined  in
 7             Section  405  of  the Illinois Controlled Substances
 8             Act, streetgang criminal drug conspiracy as  defined
 9             in   Section   405.2   of  the  Illinois  Controlled
10             Substances Act, or the attempt to commit any of  the
11             felonies listed in this subsection (c); or
12             (7)  the  murdered  individual was under 12 years of
13        age and the death resulted from exceptionally  brutal  or
14        heinous behavior indicative of wanton cruelty; or
15             (8)  the  defendant committed the murder with intent
16        to prevent the murdered individual from testifying in any
17        criminal prosecution or giving material assistance to the
18        State in any investigation or prosecution, either against
19        the defendant or another; or the defendant committed  the
20        murder  because  the murdered individual was a witness in
21        any prosecution or gave material assistance to the  State
22        in  any  investigation or prosecution, either against the
23        defendant or another; or
24             (9)  the  defendant,  while  committing  an  offense
25        punishable under Sections 401, 401.1, 401.2, 405,  405.2,
26        407  or  407.1  or  subsection  (b) of Section 404 of the
27        Illinois Controlled Substances Act, or while engaged in a
28        conspiracy  or  solicitation  to  commit  such   offense,
29        intentionally   killed   an   individual   or  counseled,
30        commanded, induced, procured or  caused  the  intentional
31        killing of the murdered individual; or
32             (10)  the   defendant   was   incarcerated   in   an
33        institution  or facility of the Department of Corrections
34        at the time  of  the  murder,  and  while  committing  an
 
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 1        offense  punishable  as  a  felony under Illinois law, or
 2        while engaged in a conspiracy or solicitation  to  commit
 3        such  offense,  intentionally  killed  an  individual  or
 4        counseled,  commanded,  induced,  procured  or caused the
 5        intentional killing of the murdered individual; or
 6             (11)  the murder was committed in a cold, calculated
 7        and premeditated manner pursuant to a preconceived  plan,
 8        scheme  or design to take a human life by unlawful means,
 9        and the conduct of the  defendant  created  a  reasonable
10        expectation  that the death of a human being would result
11        therefrom; or
12             (12)  the  murdered  individual  was  an   emergency
13        medical   technician   -   ambulance,  emergency  medical
14        technician - intermediate, emergency medical technician -
15        paramedic, ambulance driver, or other medical  assistance
16        or  first  aid  personnel,  employed by a municipality or
17        other  governmental  unit,  killed  in  the   course   of
18        performing   his   official   duties,   to   prevent  the
19        performance of his official duties, or in retaliation for
20        performing his official duties, and the defendant knew or
21        should have known that the  murdered  individual  was  an
22        emergency   medical  technician  -  ambulance,  emergency
23        medical  technician  -  intermediate,  emergency  medical
24        technician  -  paramedic,  ambulance  driver,  or   other
25        medical assistance or first aid personnel; or
26             (13)  the  defendant  was a principal administrator,
27        organizer,  or  leader  of  a  calculated  criminal  drug
28        conspiracy  consisting  of  a  hierarchical  position  of
29        authority superior to that of all other  members  of  the
30        conspiracy,   and  the  defendant  counseled,  commanded,
31        induced, procured, or caused the intentional  killing  of
32        the murdered person; or
33             (14)  the  murder  was  intentional and involved the
34        infliction of torture.  For the purpose of  this  Section
 
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 1        torture  means the infliction of or subjection to extreme
 2        physical pain, motivated by  an  intent  to  increase  or
 3        prolong the pain, suffering or agony of the victim; or
 4             (15)  the  murder  was  committed as a result of the
 5        intentional discharge of a firearm by the defendant  from
 6        a motor vehicle and the victim was not present within the
 7        motor vehicle; or
 8             (16)  the murdered individual was 60 years of age or
 9        older and the death resulted from exceptionally brutal or
10        heinous behavior indicative of wanton cruelty; or
11             (17)  the  murdered individual was a disabled person
12        and the defendant knew or  should  have  known  that  the
13        murdered  individual  was disabled.  For purposes of this
14        paragraph (17), "disabled  person"  means  a  person  who
15        suffers  from  a  permanent physical or mental impairment
16        resulting from disease, an injury, a functional disorder,
17        or  a  congenital  condition  that  renders  the   person
18        incapable  of  adequately  providing  for  his or her own
19        health or personal care; or
20             (18)  the murder was  committed  by  reason  of  any
21        person's activity as a community policing volunteer or to
22        prevent  any  person  from  engaging  in  activity  as  a
23        community policing volunteer; or
24             (19)  the  murdered  individual  was  subject  to an
25        order of protection and the murder  was  committed  by  a
26        person  against  whom  the  same  order of protection was
27        issued under the Illinois Domestic Violence Act of  1986;
28        or
29             (20)  the  murdered  individual  was  known  by  the
30        defendant to be a teacher or other person employed in any
31        school  and  the  teacher  or  other employee is upon the
32        grounds of a school or grounds adjacent to a  school,  or
33        is in any part of a building used for school purposes; or
34             (21)  the  murder  was committed by the defendant in
 
HB3078 Engrossed            -7-      LRB093 09506 RLC 09741 b
 1        connection  with  or  as  a  result  of  the  offense  of
 2        terrorism as defined in Section 29D-30 of this Code; or.
 3             (22)  the  murdered  individual  was  an   emergency
 4        management worker, killed in the course of performing his
 5        or  her official duties, or in retaliation for performing
 6        his or her official duties, and the  defendant  knows  or
 7        should  have  known  that  the murdered individual was an
 8        emergency management worker.
 9          (c)  Consideration  of  factors  in   Aggravation   and
10    Mitigation.
11        The  court  shall consider, or shall instruct the jury to
12    consider any aggravating and any mitigating factors which are
13    relevant to the imposition of the death penalty.  Aggravating
14    factors may include but need not be limited to those  factors
15    set  forth  in subsection (b). Mitigating factors may include
16    but need not be limited to the following:
17             (1)  the defendant has  no  significant  history  of
18        prior criminal activity;
19             (2)  the  murder  was  committed while the defendant
20        was under the influence of extreme  mental  or  emotional
21        disturbance, although not such as to constitute a defense
22        to prosecution;
23             (3)  the  murdered  individual  was a participant in
24        the defendant's homicidal conduct  or  consented  to  the
25        homicidal act;
26             (4)  the  defendant  acted  under  the compulsion of
27        threat or menace of the imminent infliction of  death  or
28        great bodily harm;
29             (5)  the defendant was not personally present during
30        commission of the act or acts causing death.
31        (d)  Separate sentencing hearing.
32        Where  requested  by the State, the court shall conduct a
33    separate sentencing proceeding to determine the existence  of
34    factors  set  forth  in  subsection  (b)  and to consider any
 
HB3078 Engrossed            -8-      LRB093 09506 RLC 09741 b
 1    aggravating or mitigating factors as indicated in  subsection
 2    (c).  The proceeding shall be conducted:
 3             (1)  before the jury that determined the defendant's
 4        guilt; or
 5             (2)  before a jury impanelled for the purpose of the
 6        proceeding if:
 7                  A.  the  defendant was convicted upon a plea of
 8             guilty; or
 9                  B.  the defendant was convicted after  a  trial
10             before the court sitting without a jury; or
11                  C.  the  court  for good cause shown discharges
12             the jury that determined the defendant's guilt; or
13             (3)  before the court alone if the defendant  waives
14        a jury for the separate proceeding.
15        (e)  Evidence and Argument.
16        During  the proceeding any information relevant to any of
17    the factors set forth in subsection (b) may be  presented  by
18    either  the  State or the defendant under the rules governing
19    the  admission  of  evidence   at   criminal   trials.    Any
20    information relevant to any additional aggravating factors or
21    any  mitigating  factors  indicated  in subsection (c) may be
22    presented  by  the  State  or  defendant  regardless  of  its
23    admissibility under the  rules  governing  the  admission  of
24    evidence  at  criminal  trials.  The  State and the defendant
25    shall be given fair  opportunity  to  rebut  any  information
26    received at the hearing.
27        (f)  Proof.
28        The  burden of proof of establishing the existence of any
29    of the factors set forth in subsection (b) is  on  the  State
30    and  shall  not  be  satisfied  unless  established  beyond a
31    reasonable doubt.
32        (g)  Procedure - Jury.
33        If at the separate sentencing proceeding the  jury  finds
34    that  none of the factors set forth in subsection (b) exists,
 
HB3078 Engrossed            -9-      LRB093 09506 RLC 09741 b
 1    the  court  shall  sentence  the  defendant  to  a  term   of
 2    imprisonment   under   Chapter  V  of  the  Unified  Code  of
 3    Corrections.  If there is a unanimous  finding  by  the  jury
 4    that  one  or more of the factors set forth in subsection (b)
 5    exist, the jury shall  consider  aggravating  and  mitigating
 6    factors  as  instructed  by  the  court  and  shall determine
 7    whether the sentence of death shall be imposed.  If the  jury
 8    determines  unanimously  that there are no mitigating factors
 9    sufficient to preclude the imposition of the death  sentence,
10    the court shall sentence the defendant to death.
11        Unless  the  jury  unanimously  finds  that  there are no
12    mitigating factors sufficient to preclude the  imposition  of
13    the  death sentence the court shall sentence the defendant to
14    a term of imprisonment under Chapter V of the Unified Code of
15    Corrections.
16        (h)  Procedure - No Jury.
17        In a proceeding before the  court  alone,  if  the  court
18    finds  that  none  of  the  factors  found  in subsection (b)
19    exists, the court shall sentence the defendant to a  term  of
20    imprisonment   under  Chapter  V  of   the  Unified  Code  of
21    Corrections.
22        If the Court determines that one or more of  the  factors
23    set  forth in subsection (b) exists, the Court shall consider
24    any  aggravating  and  mitigating  factors  as  indicated  in
25    subsection (c).  If the Court determines that  there  are  no
26    mitigating  factors  sufficient to preclude the imposition of
27    the death sentence, the Court shall sentence the defendant to
28    death.
29        Unless the court  finds  that  there  are  no  mitigating
30    factors sufficient to preclude the imposition of the sentence
31    of death, the court shall sentence the defendant to a term of
32    imprisonment   under   Chapter  V  of  the  Unified  Code  of
33    Corrections.
34        (i)  Appellate Procedure.
 
HB3078 Engrossed            -10-     LRB093 09506 RLC 09741 b
 1        The conviction and sentence of death shall be subject  to
 2    automatic  review by the Supreme Court.  Such review shall be
 3    in accordance with rules promulgated by the Supreme Court.
 4        (j)  Disposition of reversed death sentence.
 5        In the event that the death penalty in this Act  is  held
 6    to  be  unconstitutional  by  the Supreme Court of the United
 7    States or of the State of Illinois, any person  convicted  of
 8    first degree murder shall be sentenced by the court to a term
 9    of  imprisonment  under  Chapter  V  of  the  Unified Code of
10    Corrections.
11        In the event that any  death  sentence  pursuant  to  the
12    sentencing   provisions   of   this   Section   is   declared
13    unconstitutional by the Supreme Court of the United States or
14    of  the State of Illinois, the court having jurisdiction over
15    a person  previously  sentenced  to  death  shall  cause  the
16    defendant to be brought before the court, and the court shall
17    sentence the  defendant  to  a  term  of  imprisonment  under
18    Chapter V of the Unified Code of Corrections.
19    (Source: P.A.  91-357,  eff.  7-29-99;  91-434,  eff. 1-1-00;
20    92-854, eff. 12-5-02.)

21        (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
22        Sec. 12-2.  Aggravated assault.
23        (a)  A person commits an  aggravated  assault,  when,  in
24    committing an assault, he:
25             (1)  Uses a deadly weapon or any device manufactured
26        and designed to be substantially similar in appearance to
27        a  firearm,  other  than  by discharging a firearm in the
28        direction of another person, a peace  officer,  a  person
29        summoned  or  directed by a peace officer, a correctional
30        officer or a fireman or in the  direction  of  a  vehicle
31        occupied  by  another  person,  a peace officer, a person
32        summoned or directed by a peace officer,  a  correctional
33        officer  or  a  fireman  while  the officer or fireman is
 
HB3078 Engrossed            -11-     LRB093 09506 RLC 09741 b
 1        engaged in the execution of any of his  official  duties,
 2        or  to prevent the officer or fireman from performing his
 3        official duties, or in retaliation  for  the  officer  or
 4        fireman performing his official duties;
 5             (2)  Is hooded, robed or masked in such manner as to
 6        conceal  his  identity  or  any  device  manufactured and
 7        designed to be substantially similar in appearance  to  a
 8        firearm;
 9             (3)  Knows  the individual assaulted to be a teacher
10        or other person employed in any school and  such  teacher
11        or  other  employee  is  upon  the grounds of a school or
12        grounds adjacent thereto, or is in any part of a building
13        used for school purposes;
14             (4)  Knows  the  individual  assaulted   to   be   a
15        supervisor, director, instructor or other person employed
16        in  any  park  district  and  such  supervisor, director,
17        instructor or other employee is upon the grounds  of  the
18        park  or grounds adjacent thereto, or is in any part of a
19        building used for park purposes;
20             (5)  Knows  the  individual  assaulted   to   be   a
21        caseworker, investigator, or other person employed by the
22        State  Department  of  Public Aid, a County Department of
23        Public Aid, or the Department of Human  Services  (acting
24        as  successor  to  the  Illinois Department of Public Aid
25        under the Department of  Human  Services  Act)  and  such
26        caseworker,  investigator,  or  other  person is upon the
27        grounds of  a  public  aid  office  or  grounds  adjacent
28        thereto,  or is in any part of a building used for public
29        aid purposes, or upon the grounds of a home of  a  public
30        aid  applicant,  recipient  or  any  other  person  being
31        interviewed  or  investigated in the employees' discharge
32        of his duties, or on grounds adjacent thereto, or  is  in
33        any part of a building in which the applicant, recipient,
34        or other such person resides or is located;
 
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 1             (6)  Knows  the  individual  assaulted to be a peace
 2        officer, or a community policing volunteer, or a  fireman
 3        while  the officer or fireman is engaged in the execution
 4        of any of his official duties, or to prevent the officer,
 5        community policing volunteer, or fireman from  performing
 6        his  official  duties, or in retaliation for the officer,
 7        community policing volunteer, or fireman  performing  his
 8        official  duties, and the assault is committed other than
 9        by the discharge of a firearm in  the  direction  of  the
10        officer  or  fireman  or  in  the  direction of a vehicle
11        occupied by the officer or fireman;
12             (7)  Knows  the  individual  assaulted  to   be   an
13        emergency   medical  technician  -  ambulance,  emergency
14        medical  technician  -  intermediate,  emergency  medical
15        technician - paramedic, ambulance driver or other medical
16        assistance  or  first  aid  personnel  engaged   in   the
17        execution  of  any  of his official duties, or to prevent
18        the emergency medical technician -  ambulance,  emergency
19        medical  technician  -  intermediate,  emergency  medical
20        technician   -  paramedic,  ambulance  driver,  or  other
21        medical assistance or first aid personnel from performing
22        his official duties, or in retaliation for the  emergency
23        medical   technician   -   ambulance,  emergency  medical
24        technician - intermediate, emergency medical technician -
25        paramedic, ambulance driver, or other medical  assistance
26        or first aid personnel performing his official duties;
27             (8)  Knows   the  individual  assaulted  to  be  the
28        driver,  operator,   employee   or   passenger   of   any
29        transportation facility or system engaged in the business
30        of   transportation  of  the  public  for  hire  and  the
31        individual assaulted is then performing in such  capacity
32        or  then  using such public transportation as a passenger
33        or using any area of any description  designated  by  the
34        transportation  facility or system as a vehicle boarding,
 
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 1        departure, or transfer location;
 2             (9)  Or the individual assaulted is on  or  about  a
 3        public   way,   public   property,  or  public  place  of
 4        accommodation or amusement;
 5             (10)  Knows  the  individual  assaulted  to  be   an
 6        employee   of   the   State   of  Illinois,  a  municipal
 7        corporation therein or a political  subdivision  thereof,
 8        engaged  in  the  performance of his authorized duties as
 9        such employee;
10             (11)  Knowingly  and  without  legal  justification,
11        commits an assault on a physically handicapped person;
12             (12)  Knowingly  and  without  legal  justification,
13        commits an assault on a person 60 years of age or older;
14             (13)  Discharges a firearm;
15             (14)  Knows  the  individual  assaulted  to   be   a
16        correctional officer, while the officer is engaged in the
17        execution  of  any  of  his or her official duties, or to
18        prevent the officer from performing his or  her  official
19        duties,  or in retaliation for the officer performing his
20        or her official duties;
21             (15)  Knows  the  individual  assaulted  to   be   a
22        correctional employee or an employee of the Department of
23        Human   Services   supervising  or  controlling  sexually
24        dangerous persons or sexually violent persons, while  the
25        employee is engaged in the execution of any of his or her
26        official   duties,   or  to  prevent  the  employee  from
27        performing his or her official duties, or in  retaliation
28        for  the  employee performing his or her official duties,
29        and the assault is committed other than by the  discharge
30        of  a  firearm in the direction of the employee or in the
31        direction of a vehicle occupied by the employee; or
32             (16)  Knows  the  individual  assaulted  to  be   an
33        employee  of  a police or sheriff's department engaged in
34        the performance of his or her  official  duties  as  such
 
HB3078 Engrossed            -14-     LRB093 09506 RLC 09741 b
 1        employee; or.
 2             (17)  Knows   the  individual  assaulted  to  be  an
 3        emergency  management   worker,   while   the   emergency
 4        management  worker  is engaged in the execution of any of
 5        his or her official duties, or to prevent  the  emergency
 6        management  worker  from  performing  his or her official
 7        duties, or in retaliation for  the  emergency  management
 8        worker  performing  his  or  her official duties, and the
 9        assault is committed other than by  the  discharge  of  a
10        firearm  in  the  direction  of  the emergency management
11        worker or in the direction of a vehicle occupied  by  the
12        emergency management worker.
13        (a-5)  A  person commits an aggravated assault when he or
14    she knowingly and  without  lawful  justification  shines  or
15    flashes  a  laser  gunsight  or  other  laser  device that is
16    attached or affixed to a firearm, or used in concert  with  a
17    firearm,  so  that  the  laser  beam  strikes  near or in the
18    immediate vicinity of any person.
19        (b)  Sentence.
20        Aggravated assault as defined in paragraphs  (1)  through
21    (5) and (8) through (12) of subsection (a) of this Section is
22    a  Class  A  misdemeanor.   Aggravated  assault as defined in
23    paragraphs (13), (14), and (15) of  subsection  (a)  of  this
24    Section and as defined in subsection (a-5) of this Section is
25    a   Class   4  felony.   Aggravated  assault  as  defined  in
26    paragraphs (6), (7), and (16), and (17) of subsection (a)  of
27    this  Section  is  a  Class A misdemeanor if a firearm is not
28    used in the commission of the assault.  Aggravated assault as
29    defined in  paragraphs  (6),  (7),  and  (16),  and  (17)  of
30    subsection  (a)  of  this  Section  is  a Class 4 felony if a
31    firearm is used in the commission of the assault.
32    (Source: P.A. 91-672,  eff.  1-1-00;  92-841,  eff.  8-22-02;
33    92-865, eff. 1-3-03; revised 1-9-03.)
 
HB3078 Engrossed            -15-     LRB093 09506 RLC 09741 b
 1        (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
 2        Sec. 12-4. Aggravated Battery.
 3        (a)  A person who, in committing a battery, intentionally
 4    or   knowingly   causes   great  bodily  harm,  or  permanent
 5    disability or disfigurement commits aggravated battery.
 6        (b)  In committing a battery, a person commits aggravated
 7    battery if he or she:
 8             (1)  Uses  a  deadly  weapon  other  than   by   the
 9        discharge of a firearm;
10             (2)  Is  hooded,  robed or masked, in such manner as
11        to conceal his identity;
12             (3)  Knows the individual harmed to be a teacher  or
13        other  person  employed in any school and such teacher or
14        other employee is upon the grounds of a school or grounds
15        adjacent thereto, or is in any part of  a  building  used
16        for school purposes;
17             (4)  Knows the individual harmed to be a supervisor,
18        director, instructor or other person employed in any park
19        district  and  such  supervisor,  director, instructor or
20        other employee is upon the grounds of the park or grounds
21        adjacent thereto, or is in any part of  a  building  used
22        for park purposes;
23             (5)  Knows the individual harmed to be a caseworker,
24        investigator,  or  other  person  employed  by  the State
25        Department of Public Aid, a County Department  of  Public
26        Aid,  or  the  Department  of  Human  Services (acting as
27        successor to the Illinois Department of Public Aid  under
28        the   Department   of   Human   Services  Act)  and  such
29        caseworker, investigator, or other  person  is  upon  the
30        grounds  of  a  public  aid  office  or  grounds adjacent
31        thereto, or is in any part of a building used for  public
32        aid  purposes,  or upon the grounds of a home of a public
33        aid applicant,  recipient,  or  any  other  person  being
34        interviewed  or  investigated in the employee's discharge
 
HB3078 Engrossed            -16-     LRB093 09506 RLC 09741 b
 1        of his duties, or on grounds adjacent thereto, or  is  in
 2        any part of a building in which the applicant, recipient,
 3        or other such person resides or is located;
 4             (6)  Knows  the  individual  harmed  to  be  a peace
 5        officer, a community policing volunteer,  a  correctional
 6        institution  employee,  an  employee of the Department of
 7        Human  Services  supervising  or   controlling   sexually
 8        dangerous  persons  or  sexually  violent  persons,  or a
 9        fireman  while  such  officer,  volunteer,  employee   or
10        fireman  is  engaged  in  the  execution  of any official
11        duties  including  arrest  or  attempted  arrest,  or  to
12        prevent the officer, volunteer, employee or fireman  from
13        performing  official  duties,  or  in retaliation for the
14        officer,  volunteer,  employee  or   fireman   performing
15        official  duties, and the battery is committed other than
16        by the discharge of a firearm;
17             (7)  Knows the individual harmed to be an  emergency
18        medical   technician   -   ambulance,  emergency  medical
19        technician - intermediate, emergency medical technician -
20        paramedic, ambulance driver,  other  medical  assistance,
21        first aid personnel, or hospital emergency room personnel
22        engaged  in the performance of any of his or her official
23        duties, or to prevent the emergency medical technician  -
24        ambulance,  emergency  medical technician - intermediate,
25        emergency  medical  technician  -  paramedic,   ambulance
26        driver, other medical assistance, first aid personnel, or
27        hospital   emergency   room   personnel  from  performing
28        official  duties,  or  in  retaliation   for   performing
29        official duties;
30             (8)  Is,  or  the  person battered is, on or about a
31        public  way,  public  property   or   public   place   of
32        accommodation or amusement;
33             (9)  Knows  the  individual harmed to be the driver,
34        operator, employee or  passenger  of  any  transportation
 
HB3078 Engrossed            -17-     LRB093 09506 RLC 09741 b
 1        facility   or   system   engaged   in   the  business  of
 2        transportation of the public for hire and the  individual
 3        assaulted  is  then  performing  in such capacity or then
 4        using such public transportation as a passenger or  using
 5        any   area   of   any   description   designated  by  the
 6        transportation facility or system as a vehicle  boarding,
 7        departure, or transfer location;
 8             (10)  Knowingly  and without legal justification and
 9        by any means causes bodily harm to an  individual  of  60
10        years of age or older;
11             (11)  Knows the individual harmed is pregnant;
12             (12)  Knows the individual harmed to be a judge whom
13        the  person  intended  to harm as a result of the judge's
14        performance of his or her official duties as a judge;
15             (13)  Knows the individual harmed to be an  employee
16        of   the  Illinois  Department  of  Children  and  Family
17        Services engaged in the  performance  of  his  authorized
18        duties as such employee;
19             (14)  Knows the individual harmed to be a person who
20        is physically handicapped;
21             (15)  Knowingly  and without legal justification and
22        by any means causes bodily harm to a merchant who detains
23        the person for an  alleged  commission  of  retail  theft
24        under  Section  16A-5  of  this  Code. In this item (15),
25        "merchant" has the meaning  ascribed  to  it  in  Section
26        16A-2.4 of this Code;
27             (16)  Is, or the person battered is, in any building
28        or  other  structure  used  to  provide  shelter or other
29        services to victims  or  to  the  dependent  children  of
30        victims  of  domestic  violence  pursuant to the Illinois
31        Domestic Violence Act of 1986 or  the  Domestic  Violence
32        Shelters  Act,  or the person battered is within 500 feet
33        of such a building or other structure while going  to  or
34        from  such  a  building  or  other  structure.  "Domestic
 
HB3078 Engrossed            -18-     LRB093 09506 RLC 09741 b
 1        violence" has the meaning ascribed to it in  Section  103
 2        of  the Illinois Domestic Violence Act of 1986. "Building
 3        or other structure  used  to  provide  shelter"  has  the
 4        meaning  ascribed  to  "shelter"  in  Section  1  of  the
 5        Domestic Violence Shelters Act; or
 6             (17)  Knows  the individual harmed to be an employee
 7        of a  police  or  sheriff's  department  engaged  in  the
 8        performance  of  his  or  her  official  duties  as  such
 9        employee; or.
10             (18)  Knows the individual harmed to be an emergency
11        management  worker  engaged  in the performance of any of
12        his or her official duties, or to prevent  the  emergency
13        management  worker from performing official duties, or in
14        retaliation   for   the   emergency   management   worker
15        performing official duties.
16        For the purpose of paragraph (14) of  subsection  (b)  of
17    this Section, a physically handicapped person is a person who
18    suffers    from    a   permanent   and   disabling   physical
19    characteristic, resulting from  disease,  injury,  functional
20    disorder or congenital condition.
21        (c)  A  person who administers to an individual or causes
22    him to take, without his consent or by threat  or  deception,
23    and  for  other  than  medical  purposes,  any  intoxicating,
24    poisonous,  stupefying,  narcotic,  anesthetic, or controlled
25    substance commits aggravated battery.
26        (d)  A person who knowingly gives to another  person  any
27    food  that  contains any substance or object that is intended
28    to  cause  physical  injury  if  eaten,  commits   aggravated
29    battery.
30        (d-3)  A person commits aggravated battery when he or she
31    knowingly  and without lawful justification shines or flashes
32    a laser gunsight or other laser device that  is  attached  or
33    affixed  to  a firearm, or used in concert with a firearm, so
34    that the laser beam strikes upon or  against  the  person  of
 
HB3078 Engrossed            -19-     LRB093 09506 RLC 09741 b
 1    another.
 2        (d-5)  An  inmate  of  a  penal institution or a sexually
 3    dangerous person or a sexually violent person in the  custody
 4    of the Department of Human Services who causes or attempts to
 5    cause  a correctional employee of the penal institution or an
 6    employee of the Department of Human  Services  to  come  into
 7    contact  with  blood,  seminal  fluid,  urine,  or  feces, by
 8    throwing,  tossing,  or  expelling  that  fluid  or  material
 9    commits aggravated battery.  For purposes of this  subsection
10    (d-5), "correctional employee" means a person who is employed
11    by a penal institution.
12        (e)  Sentence.
13        Aggravated   battery  is  a  Class  3  felony,  except  a
14    violation of subsection (a) is a  Class  2  felony  when  the
15    person  knows  the  individual  harmed  to be a peace officer
16    engaged in the execution  of  any  of  his  or  her  official
17    duties,  or  the  battery  is  to  prevent  the  officer from
18    performing his or her official duties, or in retaliation  for
19    the officer performing his or her official duties.
20    (Source: P.A.  91-357,  eff.  7-29-99;  91-488,  eff. 1-1-00;
21    91-619,  eff.  1-1-00;  91-672,  eff.  1-1-00;  92-16,   eff.
22    6-28-01;  92-516,  eff. 1-1-02; 92-841, eff. 8-22-02; 92-865,
23    eff. 1-3-03; revised 1-9-03.)

24        (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
25        Sec. 12-4.2.  Aggravated Battery with a firearm.
26        (a)  A person commits aggravated battery with  a  firearm
27    when  he, in committing a battery, knowingly or intentionally
28    by means of the discharging  of  a  firearm  (1)  causes  any
29    injury  to  another  person,  or  (2)  causes any injury to a
30    person he knows to be a peace officer, a  community  policing
31    volunteer,  a  correctional institution employee or a fireman
32    while the  officer, volunteer, employee or fireman is engaged
33    in the execution of any of his official duties, or to prevent
 
HB3078 Engrossed            -20-     LRB093 09506 RLC 09741 b
 1    the officer, volunteer, employee or fireman  from  performing
 2    his  official  duties,  or  in  retaliation  for the officer,
 3    volunteer,  employee  or  fireman  performing  his   official
 4    duties,  or  (3) causes any injury to a person he knows to be
 5    an  emergency  medical  technician  -  ambulance,   emergency
 6    medical   technician   -   intermediate,   emergency  medical
 7    technician - paramedic, ambulance driver,  or  other  medical
 8    assistance or first aid personnel, employed by a municipality
 9    or  other  governmental  unit,  while  the  emergency medical
10    technician  -  ambulance,  emergency  medical  technician   -
11    intermediate,   emergency  medical  technician  -  paramedic,
12    ambulance driver, or other medical assistance  or  first  aid
13    personnel  is engaged in the execution of any of his official
14    duties, or to prevent  the  emergency  medical  technician  -
15    ambulance,   emergency  medical  technician  -  intermediate,
16    emergency medical technician - paramedic,  ambulance  driver,
17    or  other  medical  assistance  or  first  aid personnel from
18    performing his official duties, or  in  retaliation  for  the
19    emergency  medical  technician - ambulance, emergency medical
20    technician - intermediate,  emergency  medical  technician  -
21    paramedic,  ambulance  driver, or other medical assistance or
22    first aid personnel performing his official  duties,  or  (4)
23    causes any injury to a person he or she knows to be a teacher
24    or other person employed in a school and the teacher or other
25    employee is upon grounds of a school or grounds adjacent to a
26    school,  or  is  in  any  part  of a building used for school
27    purposes, or (5) causes any injury to  a  person  he  or  she
28    knows   to  be  an  emergency  management  worker  while  the
29    emergency management worker is engaged in  the  execution  of
30    any  of  his  or  her  official  duties,  or  to  prevent the
31    emergency  management  worker  from  performing  his  or  her
32    official  duties,  or  in  retaliation  for   the   emergency
33    management worker performing his or her official duties.
34        (b)  A  violation of subsection (a)(1) of this Section is
 
HB3078 Engrossed            -21-     LRB093 09506 RLC 09741 b
 1    a  Class  X  felony.    A  violation  of  subsection  (a)(2),
 2    subsection (a)(3), or subsection (a)(4), or subsection (a)(5)
 3    of this Section is a Class X felony for  which  the  sentence
 4    shall  be a term of imprisonment of no less than 15 years and
 5    no more than 60 years.
 6        (c)  For purposes of this Section, "firearm"  is  defined
 7    as  in  "An  Act  relating to the acquisition, possession and
 8    transfer of firearms and firearm  ammunition,  to  provide  a
 9    penalty   for   the   violation   thereof   and  to  make  an
10    appropriation in connection therewith",  approved  August  1,
11    1967, as amended.
12    (Source: P.A.  90-651,  eff.  1-1-99;  91-434,  eff.  1-1-00;
13    91-696, eff. 4-13-00.)

14        (720 ILCS 5/12-4.2-5)
15        Sec.  12-4.2-5.  Aggravated battery with a machine gun or
16    a firearm equipped with any device or attachment designed  or
17    used for silencing the report of a firearm.
18        (a)  A  person  commits aggravated battery with a machine
19    gun or a firearm equipped with a device designed or used  for
20    silencing  the  report  of  a  firearm  when  he  or  she, in
21    committing a battery, knowingly or intentionally by means  of
22    the discharging of a machine gun or a firearm equipped with a
23    device designed or used for silencing the report of a firearm
24    (1)  causes  any  injury to another person, or (2) causes any
25    injury to a person he or she knows to be a peace  officer,  a
26    person   summoned   by   a   peace  officer,  a  correctional
27    institution  employee  or  a  fireman  while  the    officer,
28    employee or fireman is engaged in the execution of any of his
29    or her official duties, or to prevent the  officer,  employee
30    or  fireman from performing his or her official duties, or in
31    retaliation for the officer, employee or  fireman  performing
32    his  or  her  official  duties, or (3) causes any injury to a
33    person he or she knows to be an emergency medical  technician
 
HB3078 Engrossed            -22-     LRB093 09506 RLC 09741 b
 1    -  ambulance,  emergency  medical  technician - intermediate,
 2    emergency medical technician - paramedic,  ambulance  driver,
 3    or  other medical assistance or first aid personnel, employed
 4    by a municipality  or  other  governmental  unit,  while  the
 5    emergency  medical  technician - ambulance, emergency medical
 6    technician - intermediate,  emergency  medical  technician  -
 7    paramedic,  ambulance  driver, or other medical assistance or
 8    first aid personnel is engaged in the execution of any of his
 9    or her official duties, or to prevent the  emergency  medical
10    technician   -  ambulance,  emergency  medical  technician  -
11    intermediate,  emergency  medical  technician  -   paramedic,
12    ambulance  driver,  or  other medical assistance or first aid
13    personnel from performing his or her official duties,  or  in
14    retaliation for the emergency medical technician - ambulance,
15    emergency   medical   technician  -  intermediate,  emergency
16    medical technician - paramedic, ambulance  driver,  or  other
17    medical  assistance  or first aid personnel performing his or
18    her official duties, or (4) causes any injury to a person  he
19    or  she  knows to be an emergency management worker while the
20    emergency management worker is engaged in  the  execution  of
21    any  of  his  or  her  official  duties,  or  to  prevent the
22    emergency  management  worker  from  performing  his  or  her
23    official  duties,  or  in  retaliation  for   the   emergency
24    management worker performing his or her official duties.
25        (b)  A violation of subsection (a) (1) of this Section is
26    a Class X felony for which the person shall be sentenced to a
27    term  of  imprisonment  of  no less than 12 years and no more
28    than 45 years.    A  violation  of  subsection  (a)  (2),  or
29    subsection  (a) (3), or subsection (a) (4) of this Section is
30    a Class X felony for which the sentence shall be  a  term  of
31    imprisonment  of  no  less  than 20 years and no more than 60
32    years.
33        (c)  For purposes of this Section, "firearm"  is  defined
34    as in the Firearm Owners Identification Card Act.
 
HB3078 Engrossed            -23-     LRB093 09506 RLC 09741 b
 1        (d)  For  purposes of this Section, "machine gun" has the
 2    meaning ascribed to it in clause  (i)  of  paragraph  (7)  of
 3    subsection (a) of Section 24-1 of this Code.
 4    (Source: P.A. 91-121, eff. 7-15-99.)

 5        (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
 6        Sec. 24-1.2.  Aggravated discharge of a firearm.
 7        (a)  A  person  commits aggravated discharge of a firearm
 8    when he or she knowingly or intentionally:
 9             (1)  Discharges a firearm at or into a  building  he
10        or she knows or reasonably should know to be occupied and
11        the  firearm  is  discharged  from  a  place  or position
12        outside that building;
13             (2)  Discharges  a  firearm  in  the  direction   of
14        another person or in the direction of a vehicle he or she
15        knows  or  reasonably  should  know  to  be occupied by a
16        person;
17             (3)  Discharges a firearm  in  the  direction  of  a
18        person he or she knows to be a peace officer, a community
19        policing  volunteer, a correctional institution employee,
20        or a fireman while the officer,  volunteer,  employee  or
21        fireman  is engaged in the execution of any of his or her
22        official duties, or to prevent  the  officer,  volunteer,
23        employee  or  fireman from performing his or her official
24        duties, or in retaliation  for  the  officer,  volunteer,
25        employee  or  fireman  performing  his  or  her  official
26        duties;
27             (4)  Discharges  a  firearm  in  the  direction of a
28        vehicle he or  she  knows  to  be  occupied  by  a  peace
29        officer,  a  person  summoned  or  directed  by  a  peace
30        officer, a correctional institution employee or a fireman
31        while  the officer, employee or fireman is engaged in the
32        execution of any of his or her  official  duties,  or  to
33        prevent  the officer, employee or fireman from performing
 
HB3078 Engrossed            -24-     LRB093 09506 RLC 09741 b
 1        his or her official duties, or  in  retaliation  for  the
 2        officer,  employee  or  fireman  performing  his  or  her
 3        official duties;
 4             (5)  Discharges  a  firearm  in  the  direction of a
 5        person he  or  she  knows  to  be  an  emergency  medical
 6        technician  -  ambulance,  emergency medical technician -
 7        intermediate, emergency medical technician  -  paramedic,
 8        ambulance  driver,  or  other medical assistance or first
 9        aid  personnel,  employed  by  a  municipality  or  other
10        governmental unit, while the emergency medical technician
11        - ambulance, emergency medical technician - intermediate,
12        emergency  medical  technician  -  paramedic,   ambulance
13        driver,   or   other  medical  assistance  or  first  aid
14        personnel is engaged in the execution of any  of  his  or
15        her  official duties, or to prevent the emergency medical
16        technician - ambulance, emergency  medical  technician  -
17        intermediate,  emergency  medical technician - paramedic,
18        ambulance driver, or other medical  assistance  or  first
19        aid personnel from performing his or her official duties,
20        or  in retaliation for the emergency medical technician -
21        ambulance, emergency medical technician  -  intermediate,
22        emergency   medical  technician  -  paramedic,  ambulance
23        driver,  or  other  medical  assistance  or   first   aid
24        personnel performing his or her official duties;
25             (6)  Discharges  a  firearm  in  the  direction of a
26        vehicle he or she knows to be occupied  by  an  emergency
27        medical   technician   -   ambulance,  emergency  medical
28        technician - intermediate, emergency medical technician -
29        paramedic, ambulance driver, or other medical  assistance
30        or  first  aid  personnel,  employed by a municipality or
31        other governmental  unit,  while  the  emergency  medical
32        technician   -  ambulance, emergency medical technician -
33        intermediate, emergency medical technician  -  paramedic,
34        ambulance  driver,  or  other medical assistance or first
 
HB3078 Engrossed            -25-     LRB093 09506 RLC 09741 b
 1        aid personnel is engaged in the execution of any  of  his
 2        or  her  official  duties,  or  to  prevent the emergency
 3        medical  technician  -   ambulance,   emergency   medical
 4        technician - intermediate, emergency medical technician -
 5        paramedic,  ambulance driver, or other medical assistance
 6        or  first  aid  personnel  from  performing  his  or  her
 7        official duties, or  in  retaliation  for  the  emergency
 8        medical   technician   -   ambulance,  emergency  medical
 9        technician - intermediate, emergency medical technician -
10        paramedic, ambulance driver, or other medical  assistance
11        or  first  aid  personnel  performing his or her official
12        duties; or
13             (7)  Discharges a firearm  in  the  direction  of  a
14        person  he  or  she knows to be a teacher or other person
15        employed in any school and the teacher or other  employee
16        is  upon the grounds of a school or grounds adjacent to a
17        school, or is in any part of a building used  for  school
18        purposes;.
19             (8)  Discharges  a  firearm  in  the  direction of a
20        person he or she knows  to  be  an  emergency  management
21        worker  while  the emergency management worker is engaged
22        in the execution of any of his or her official duties, or
23        to  prevent  the   emergency   management   worker   from
24        performing  his or her official duties, or in retaliation
25        for the emergency management worker performing his or her
26        official duties; or
27             (9)  Discharges a firearm  in  the  direction  of  a
28        vehicle  he  or  she knows to be occupied by an emergency
29        management worker while the emergency  management  worker
30        is engaged in the execution of any of his or her official
31        duties,  or  to  prevent  the emergency management worker
32        from  performing  his  or  her  official  duties,  or  in
33        retaliation   for   the   emergency   management   worker
34        performing his or her official duties.
 
HB3078 Engrossed            -26-     LRB093 09506 RLC 09741 b
 1        (b)  A violation  of  subsection  (a)(1)  or   subsection
 2    (a)(2)  of  this  Section is a Class 1 felony. A violation of
 3    subsection (a)(1) or (a)(2) of this Section  committed  in  a
 4    school,  on  the  real  property  comprising a school, within
 5    1,000 feet of the real property comprising  a  school,  at  a
 6    school  related  activity  or  on or within 1,000 feet of any
 7    conveyance owned,  leased,  or  contracted  by  a  school  to
 8    transport  students  to  or  from  school or a school related
 9    activity, regardless of the time of day or time of year  that
10    the offense was committed is a Class X felony. A violation of
11    subsection (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7), (a)(8),
12    or  (a)(9)  of this Section is a Class X felony for which the
13    sentence shall be a term of imprisonment of no less  than  10
14    years and not more than 45 years.
15        (c)  For purposes of this Section:
16        "School"   means   a  public  or  private  elementary  or
17    secondary school, community college, college, or university.
18        "School related activity"  means  any  sporting,  social,
19    academic, or other activity for which students' attendance or
20    participation  is sponsored, organized, or funded in whole or
21    in part by a school or school district.
22    (Source: P.A.  90-651,  eff.  1-1-99;  91-12,  eff.   1-1-00;
23    91-357,  eff.  7-29-99;  91-434,  eff.  1-1-00;  91-696, eff.
24    4-13-00.)

25        (720 ILCS 5/24-1.2-5)
26        Sec. 24-1.2-5.  Aggravated discharge of a  machine gun or
27    a firearm  equipped  with  a  device  designed  or  used  for
28    silencing the report of a firearm.
29        (a)  A  person commits aggravated discharge of a  machine
30    gun or a firearm equipped with a device designed or used  for
31    silencing the report of a firearm when he or she knowingly or
32    intentionally:
33             (1)  Discharges  a machine gun or a firearm equipped
 
HB3078 Engrossed            -27-     LRB093 09506 RLC 09741 b
 1        with a device designed or used for silencing  the  report
 2        of  a firearm at or into a building he or she knows to be
 3        occupied and the machine gun or the firearm equipped with
 4        a device designed or used for silencing the report  of  a
 5        firearm  is  discharged  from a place or position outside
 6        that building;
 7             (2)  Discharges a machine gun or a firearm  equipped
 8        with  a  device designed or used for silencing the report
 9        of a firearm in the direction of another person or in the
10        direction of a vehicle he or she knows to be occupied;
11             (3)  Discharges a machine gun or a firearm  equipped
12        with  a  device designed or used for silencing the report
13        of a firearm in the direction of a person he or she knows
14        to be a peace officer, a person summoned or directed by a
15        peace officer, a correctional institution employee, or  a
16        fireman while the officer, employee or fireman is engaged
17        in the execution of any of his or her official duties, or
18        to   prevent   the  officer,  employee  or  fireman  from
19        performing his or her official duties, or in  retaliation
20        for  the  officer,  employee or fireman performing his or
21        her official duties;
22             (4)  Discharges a machine gun or a firearm  equipped
23        with  a  device designed or used for silencing the report
24        of a firearm in the direction of  a  vehicle  he  or  she
25        knows  to  be  occupied  by  a  peace  officer,  a person
26        summoned or directed by a peace officer,  a  correctional
27        institution  employee  or  a  fireman  while the officer,
28        employee or fireman is engaged in the execution of any of
29        his or her official duties, or to  prevent  the  officer,
30        employee  or  fireman from performing his or her official
31        duties, or in retaliation for the  officer,  employee  or
32        fireman performing his or her official duties;
33             (5)  Discharges  a machine gun or a firearm equipped
34        with a device designed or used for silencing  the  report
 
HB3078 Engrossed            -28-     LRB093 09506 RLC 09741 b
 1        of a firearm in the direction of a person he or she knows
 2        to  be  an  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, employed
 6        by  a  municipality or other governmental unit, while the
 7        emergency  medical  technician  -  ambulance,   emergency
 8        medical  technician  -  intermediate,  emergency  medical
 9        technician   -  paramedic,  ambulance  driver,  or  other
10        medical assistance or first aid personnel is  engaged  in
11        the execution of any of his or her official duties, or to
12        prevent  the  emergency  medical  technician - ambulance,
13        emergency medical technician  -  intermediate,  emergency
14        medical  technician  -  paramedic,  ambulance  driver, or
15        other medical assistance  or  first  aid  personnel  from
16        performing  his or her official duties, or in retaliation
17        for  the  emergency  medical  technician   -   ambulance,
18        emergency  medical  technician  - intermediate, emergency
19        medical technician  -  paramedic,  ambulance  driver,  or
20        other   medical   assistance   or   first  aid  personnel
21        performing his or her official duties; or
22             (6)  Discharges a machine gun or a firearm  equipped
23        with  a  device designed or used for silencing the report
24        of a firearm in the direction of  a  vehicle  he  or  she
25        knows to be occupied by an emergency medical technician -
26        ambulance,  emergency  medical technician - intermediate,
27        emergency  medical  technician  -  paramedic,   ambulance
28        driver,   or   other  medical  assistance  or  first  aid
29        personnel,  employed   by   a   municipality   or   other
30        governmental unit, while the emergency medical technician
31        - ambulance, emergency medical technician - intermediate,
32        emergency   medical  technician  -  paramedic,  ambulance
33        driver,  or  other  medical  assistance  or   first   aid
34        personnel  is  engaged  in the execution of any of his or
 
HB3078 Engrossed            -29-     LRB093 09506 RLC 09741 b
 1        her official duties, or to prevent the emergency  medical
 2        technician  -  ambulance,  emergency medical technician -
 3        intermediate, emergency medical technician  -  paramedic,
 4        ambulance  driver,  or  other medical assistance or first
 5        aid personnel from performing his or her official duties,
 6        or in retaliation for the 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 performing his or her official duties;.
11             (7)  Discharges a machine gun or a firearm  equipped
12        with  a  device designed or used for silencing the report
13        of a firearm in the direction of a person he or she knows
14        to be an emergency management worker while the  emergency
15        management  worker  is engaged in the execution of any of
16        his or her official duties, or to prevent  the  emergency
17        management  worker  from  performing  his or her official
18        duties, or in retaliation for  the  emergency  management
19        worker performing his or her official duties; or
20             (8)  Discharges  a machine gun or a firearm equipped
21        with a device designed or used for silencing  the  report
22        of  a  firearm  in  the  direction of a vehicle he or she
23        knows to be occupied by an  emergency  management  worker
24        while  the  emergency management worker is engaged in the
25        execution of any of his or her  official  duties,  or  to
26        prevent  the  emergency management worker from performing
27        his or her official duties, or  in  retaliation  for  the
28        emergency   management   worker  performing  his  or  her
29        official duties.
30        (b)  A violation  of  subsection (a) (1)  or   subsection
31    (a)  (2) of this Section is a Class X felony.  A violation of
32    subsection (a) (3), (a) (4), (a) (5), or (a) (6), (a) (7), or
33    (a) (8) of this Section is a Class X  felony  for  which  the
34    sentence  shall  be a term of imprisonment of no less than 12
 
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 1    years and no more than 50 years.
 2        (c)  For the purpose of this Section, "machine  gun"  has
 3    the  meaning ascribed to it in clause (i) of paragraph (7) of
 4    subsection (a) of Section 24-1 of this Code.
 5    (Source: P.A. 91-121, eff. 7-15-99.)

 6        (720 ILCS 5/31-9 new)
 7        Sec. 31-9.  Obstructing an emergency  management  worker.
 8    A person who knowingly obstructs the performance by one known
 9    to  the  person  to  be an emergency management worker of any
10    authorized act within his or her official capacity commits  a
11    Class A misdemeanor.