093_HB1547eng

 
HB1547 Engrossed                     LRB093 09160 RLC 09392 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,  probation  officer,  or
 9    parole officer.
10        (a)  A person who  knowingly  resists  or  obstructs  the
11    performance by one known to the person to be a peace officer,
12    or  correctional  institution employee, probation officer, or
13    parole officer of any  authorized  act  within  his  official
14    capacity commits a Class A misdemeanor.
15        (a-5)  In  addition  to  any  other  sentence that may be
16    imposed,  a  court  shall  order  any  person  convicted   of
17    resisting   or  obstructing  a  peace  officer,  correctional
18    institution employee, probation officer, or parole officer to
19    be  sentenced  to  a  minimum  of  48  consecutive  hours  of
20    imprisonment or ordered to perform community service for  not
21    less  than  100  hours as may be determined by the court. The
22    person shall not be eligible for probation in order to reduce
23    the sentence of imprisonment or community service.
24        (a-7)  A person convicted for a violation of this Section
25    whose violation was the proximate cause of  an  injury  to  a
26    peace  officer,  correctional institution employee, probation
27    officer, or parole officer is guilty of a Class 3 4 felony.
28        (a-8)  A person who, having been  given  a  signal  by  a
29    peace  officer,  correctional institution employee, probation
30    officer, or parole officer that he or she  is  under  arrest,
31    willfully  flees or attempts to elude the officer or employee
 
HB1547 Engrossed            -2-      LRB093 09160 RLC 09392 b
 1    is guilty of a Class 4 felony.
 2        (b)  For purposes of this Section:,
 3        "Correctional  institution  employee"  means  any  person
 4    employed to supervise and control inmates incarcerated  in  a
 5    penitentiary, State farm, reformatory, prison, jail, house of
 6    correction,  police  detention area, half-way house, or other
 7    institution or place for  the  incarceration  or  custody  of
 8    persons  under  sentence  for  offenses  or awaiting trial or
 9    sentence  for  offenses,  under  arrest  for  an  offense,  a
10    violation of probation, a violation of parole, or a violation
11    of mandatory supervised release, or awaiting a  bail  setting
12    hearing or preliminary hearing, or who are sexually dangerous
13    persons or who are sexually violent persons.
14        "Probation  officer"  has  the  meaning ascribed to it in
15    Section 9b of the Probation and Probation Officers Act.
16    (Source: P.A. 92-841, eff. 8-22-02.)