Full Text of HB5745 96th General Assembly
HB5745 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5745
Introduced 2/9/2010, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/9-1 |
from Ch. 38, par. 9-1 |
720 ILCS 5/12-2 |
from Ch. 38, par. 12-2 |
720 ILCS 5/12-4 |
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720 ILCS 5/12-4.2 |
from Ch. 38, par. 12-4.2 |
720 ILCS 5/12-4.2-5 |
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720 ILCS 5/24-1.2 |
from Ch. 38, par. 24-1.2 |
720 ILCS 5/24-1.2-5 |
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Amends the Criminal Code of 1961. Provides for enhanced penalties for murdering, assaulting, battering, or discharging a firearm or machine gun at a physician, physician assistant, nurse, or advanced practice nurse when the defendant knows such person's status.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5745 |
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LRB096 18041 RLC 33413 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 9-1, 12-2, 12-4, 12-4.2, 12-4.2-5, 24-1.2, and | 6 |
| 24-1.2-5 as follows: | 7 |
| (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | 8 |
| Sec. 9-1. First degree Murder - Death penalties - | 9 |
| Exceptions - Separate
Hearings - Proof - Findings - Appellate | 10 |
| procedures - Reversals.
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| (a) A person who kills an individual without lawful | 12 |
| justification commits
first degree murder if, in performing the | 13 |
| acts which cause the death:
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| (1) he either intends to kill or do great bodily harm | 15 |
| to that
individual or another, or knows that such acts will | 16 |
| cause death to that
individual or another; or
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| (2) he knows that such acts create a strong probability | 18 |
| of death or
great bodily harm to that individual or | 19 |
| another; or
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| (3) he is attempting or committing a forcible felony | 21 |
| other than
second degree murder.
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| (b) Aggravating Factors. A defendant who at the time of the
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| commission of the offense has attained the age of 18 or more |
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LRB096 18041 RLC 33413 b |
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| and who has
been found guilty of first degree murder may be | 2 |
| sentenced to death if:
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| (1) the murdered individual was a peace officer or | 4 |
| fireman killed in
the course of performing his official | 5 |
| duties, to prevent the performance
of his official duties, | 6 |
| or in retaliation for performing his official
duties, and | 7 |
| the defendant knew or
should have known that the murdered | 8 |
| individual was a peace officer or
fireman; or
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| (2) the murdered individual was an employee of an | 10 |
| institution or
facility of the Department of Corrections, | 11 |
| or any similar local
correctional agency, killed in the | 12 |
| course of performing his official
duties, to prevent the | 13 |
| performance of his official duties, or in
retaliation for | 14 |
| performing his official duties, or the murdered
individual | 15 |
| was an inmate at such institution or facility and was | 16 |
| killed on the
grounds thereof, or the murdered individual | 17 |
| was otherwise present in such
institution or facility with | 18 |
| the knowledge and approval of the chief
administrative | 19 |
| officer thereof; or
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| (3) the defendant has been convicted of murdering two | 21 |
| or more
individuals under subsection (a) of this Section or | 22 |
| under any law of the
United States or of any state which is | 23 |
| substantially similar to
subsection (a) of this Section | 24 |
| regardless of whether the deaths
occurred as the result of | 25 |
| the same act or of several related or
unrelated acts so | 26 |
| long as the deaths were the result of either an intent
to |
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LRB096 18041 RLC 33413 b |
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| kill more than one person or of separate acts which
the | 2 |
| defendant knew would cause death or create a strong | 3 |
| probability of
death or great bodily harm to the murdered | 4 |
| individual or another; or
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| (4) the murdered individual was killed as a result of | 6 |
| the
hijacking of an airplane, train, ship, bus or other | 7 |
| public conveyance; or
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| (5) the defendant committed the murder pursuant to a | 9 |
| contract,
agreement or understanding by which he was to | 10 |
| receive money or anything
of value in return for committing | 11 |
| the murder or procured another to
commit the murder for | 12 |
| money or anything of value; or
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| (6) the murdered individual was killed in the course of | 14 |
| another felony if:
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| (a) the murdered individual:
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| (i) was actually killed by the defendant, or
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| (ii) received physical injuries personally | 18 |
| inflicted by the defendant
substantially | 19 |
| contemporaneously with physical injuries caused by | 20 |
| one or
more persons for whose conduct the defendant | 21 |
| is legally accountable under
Section 5-2 of this | 22 |
| Code, and the physical injuries inflicted by | 23 |
| either
the defendant or the other person or persons | 24 |
| for whose conduct he is legally
accountable caused | 25 |
| the death of the murdered individual; and
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| (b) in performing the acts which caused the death |
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LRB096 18041 RLC 33413 b |
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| of the murdered
individual or which resulted in | 2 |
| physical injuries personally inflicted by
the | 3 |
| defendant on the murdered individual under the | 4 |
| circumstances of
subdivision (ii) of subparagraph (a) | 5 |
| of paragraph (6) of subsection (b) of
this Section, the | 6 |
| defendant acted with the intent to kill the murdered
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| individual or with the knowledge that his acts created | 8 |
| a strong probability
of death or great bodily harm to | 9 |
| the murdered individual or another; and
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| (c) the other felony was an inherently violent | 11 |
| crime
or the attempt to commit an inherently
violent | 12 |
| crime.
In this subparagraph (c), "inherently violent | 13 |
| crime" includes, but is not
limited to, armed robbery, | 14 |
| robbery, predatory criminal sexual assault of a
child,
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| aggravated criminal sexual assault, aggravated | 16 |
| kidnapping, aggravated vehicular
hijacking,
aggravated | 17 |
| arson, aggravated stalking, residential burglary, and | 18 |
| home
invasion; or
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| (7) the murdered individual was under 12 years of age | 20 |
| and the
death resulted from exceptionally brutal or heinous | 21 |
| behavior indicative of
wanton cruelty; or
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| (8) the defendant committed the murder with intent to
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| prevent the murdered individual from testifying or | 24 |
| participating in any
criminal investigation or prosecution
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| or giving material assistance to the State in any | 26 |
| investigation or
prosecution, either against the defendant |
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LRB096 18041 RLC 33413 b |
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| or another; or the defendant
committed the murder because | 2 |
| the murdered individual was a witness in any
prosecution or | 3 |
| gave material assistance to the State in any investigation
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| or prosecution, either against the defendant or another;
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| for purposes of this paragraph (8), "participating in any | 6 |
| criminal
investigation
or prosecution" is intended to | 7 |
| include those appearing in the proceedings in
any capacity | 8 |
| such as trial judges, prosecutors, defense attorneys,
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| investigators, witnesses, or jurors; or
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| (9) the defendant, while committing an offense | 11 |
| punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | 12 |
| 407 or 407.1 or subsection (b) of
Section
404 of the | 13 |
| Illinois Controlled Substances Act, or while engaged in a
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| conspiracy or solicitation to commit such offense, | 15 |
| intentionally killed an
individual or counseled, | 16 |
| commanded, induced, procured or caused the
intentional | 17 |
| killing of the murdered individual; or
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| (10) the defendant was incarcerated in an institution | 19 |
| or facility of
the Department of Corrections at the time of | 20 |
| the murder, and while
committing an offense punishable as a | 21 |
| felony under Illinois law, or while
engaged in a conspiracy | 22 |
| or solicitation to commit such offense,
intentionally | 23 |
| killed an individual or counseled, commanded, induced,
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| procured or caused the intentional killing of the murdered | 25 |
| individual; or
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| (11) the murder was committed in a cold, calculated and |
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LRB096 18041 RLC 33413 b |
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| premeditated
manner pursuant to a preconceived plan, | 2 |
| scheme or design to take a human
life by unlawful means, | 3 |
| and the conduct of the defendant created a
reasonable | 4 |
| expectation that the death of a human being would result
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| therefrom; or
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| (12) the murdered individual was an emergency medical | 7 |
| technician -
ambulance, emergency medical technician - | 8 |
| intermediate, emergency medical
technician - paramedic, | 9 |
| ambulance driver, physician, physician assistant, nurse, | 10 |
| advanced practice nurse, or
other medical assistance or | 11 |
| first aid personnel, employed by a municipality
or other | 12 |
| governmental unit, killed in the course of performing his | 13 |
| official
duties, to prevent the performance of his official | 14 |
| duties, or in retaliation
for performing his official | 15 |
| duties, and the defendant knew or should have
known that | 16 |
| the murdered individual was an emergency medical | 17 |
| technician -
ambulance, emergency medical technician - | 18 |
| intermediate, emergency medical
technician - paramedic, | 19 |
| ambulance driver, physician, physician assistant, nurse, | 20 |
| advanced practice nurse, or
other medical assistance or | 21 |
| first aid personnel; or
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| (13) the defendant was a principal administrator, | 23 |
| organizer, or leader
of a calculated criminal drug | 24 |
| conspiracy consisting of a hierarchical position
of | 25 |
| authority superior to that of all other members of the | 26 |
| conspiracy, and the
defendant counseled, commanded, |
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LRB096 18041 RLC 33413 b |
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| induced, procured, or caused the intentional
killing of the | 2 |
| murdered person;
or
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| (14) the murder was intentional and involved the | 4 |
| infliction of torture.
For
the purpose of this Section | 5 |
| torture means the infliction of or subjection to
extreme | 6 |
| physical pain, motivated by an intent to increase or | 7 |
| prolong the pain,
suffering or agony of the victim; or
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| (15) the murder was committed as a result of the | 9 |
| intentional discharge
of a firearm by the defendant from a | 10 |
| motor vehicle and the victim was not
present within the | 11 |
| motor vehicle; or
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| (16) the murdered individual was 60 years of age or | 13 |
| older and the death
resulted
from exceptionally brutal or | 14 |
| heinous behavior indicative of wanton cruelty; or
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| (17) the murdered individual was a disabled person and | 16 |
| the defendant knew
or
should have known that the murdered | 17 |
| individual was disabled. For purposes of
this paragraph | 18 |
| (17), "disabled person" means a person who suffers from a
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| permanent physical or mental impairment resulting from | 20 |
| disease, an injury,
a functional disorder, or a congenital | 21 |
| condition that renders the person
incapable of
adequately | 22 |
| providing for his or her own health or personal care; or
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| (18) the murder was committed by reason of any person's | 24 |
| activity as a
community policing volunteer or to prevent | 25 |
| any person from engaging in activity
as a community | 26 |
| policing volunteer; or
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LRB096 18041 RLC 33413 b |
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| (19) the murdered individual was subject to an order of | 2 |
| protection and the
murder was committed by a person against | 3 |
| whom the same order of protection was
issued under the | 4 |
| Illinois Domestic Violence Act of 1986; or
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| (20) the murdered individual was known by the defendant | 6 |
| to be a teacher or
other person employed in any school and | 7 |
| the teacher or other employee is upon
the grounds of a | 8 |
| school or grounds adjacent to a school, or is in any part | 9 |
| of a
building used for school purposes; or
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| (21) the murder was committed by the defendant in | 11 |
| connection with or as
a
result of the offense of terrorism | 12 |
| as defined in Section 29D-14.9 of this
Code.
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| (c) Consideration of factors in Aggravation and | 14 |
| Mitigation.
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| The court shall consider, or shall instruct the jury to | 16 |
| consider any
aggravating and any mitigating factors which are | 17 |
| relevant to the
imposition of the death penalty. Aggravating | 18 |
| factors may include but
need not be limited to those factors | 19 |
| set forth in subsection (b).
Mitigating factors may include but | 20 |
| need not be limited to the following:
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| (1) the defendant has no significant history of prior | 22 |
| criminal
activity;
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| (2) the murder was committed while the defendant was | 24 |
| under
the influence of extreme mental or emotional | 25 |
| disturbance, although not such
as to constitute a defense | 26 |
| to prosecution;
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LRB096 18041 RLC 33413 b |
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| (3) the murdered individual was a participant in the
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| defendant's homicidal conduct or consented to the | 3 |
| homicidal act;
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| (4) the defendant acted under the compulsion of threat | 5 |
| or
menace of the imminent infliction of death or great | 6 |
| bodily harm;
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| (5) the defendant was not personally present during
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| commission of the act or acts causing death;
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| (6) the defendant's background includes a history of | 10 |
| extreme emotional
or physical abuse;
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| (7) the defendant suffers from a reduced mental | 12 |
| capacity.
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| (d) Separate sentencing hearing.
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| Where requested by the State, the court shall conduct a | 15 |
| separate
sentencing proceeding to determine the existence of | 16 |
| factors set forth in
subsection (b) and to consider any | 17 |
| aggravating or mitigating factors as
indicated in subsection | 18 |
| (c). The proceeding shall be conducted:
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| (1) before the jury that determined the defendant's | 20 |
| guilt; or
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| (2) before a jury impanelled for the purpose of the | 22 |
| proceeding if:
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| A. the defendant was convicted upon a plea of | 24 |
| guilty; or
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| B. the defendant was convicted after a trial before | 26 |
| the court
sitting without a jury; or
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LRB096 18041 RLC 33413 b |
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| C. the court for good cause shown discharges the | 2 |
| jury that
determined the defendant's guilt; or
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| (3) before the court alone if the defendant waives a | 4 |
| jury
for the separate proceeding.
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| (e) Evidence and Argument.
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| During the proceeding any information relevant to any of | 7 |
| the factors
set forth in subsection (b) may be presented by | 8 |
| either the State or the
defendant under the rules governing the | 9 |
| admission of evidence at
criminal trials. Any information | 10 |
| relevant to any additional aggravating
factors or any | 11 |
| mitigating factors indicated in subsection (c) may be
presented | 12 |
| by the State or defendant regardless of its admissibility
under | 13 |
| the rules governing the admission of evidence at criminal | 14 |
| trials.
The State and the defendant shall be given fair | 15 |
| opportunity to rebut any
information received at the hearing.
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| (f) Proof.
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| The burden of proof of establishing the existence of any of | 18 |
| the
factors set forth in subsection (b) is on the State and | 19 |
| shall not be
satisfied unless established beyond a reasonable | 20 |
| doubt.
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| (g) Procedure - Jury.
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| If at the separate sentencing proceeding the jury finds | 23 |
| that none of
the factors set forth in subsection (b) exists, | 24 |
| the court shall sentence
the defendant to a term of | 25 |
| imprisonment under Chapter V of the Unified
Code of | 26 |
| Corrections. If there is a unanimous finding by the jury that
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LRB096 18041 RLC 33413 b |
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| one or more of the factors set forth in subsection (b) exist, | 2 |
| the jury
shall consider aggravating and mitigating factors as | 3 |
| instructed by the
court and shall determine whether the | 4 |
| sentence of death shall be
imposed. If the jury determines | 5 |
| unanimously, after weighing the factors in
aggravation and | 6 |
| mitigation, that death is the appropriate sentence, the court | 7 |
| shall sentence the defendant to death.
If the court does not | 8 |
| concur with the jury determination that death is the
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| appropriate sentence, the court shall set forth reasons in | 10 |
| writing
including what facts or circumstances the court relied | 11 |
| upon,
along with any relevant
documents, that compelled the | 12 |
| court to non-concur with the sentence. This
document and any | 13 |
| attachments shall be part of the record for appellate
review. | 14 |
| The court shall be bound by the jury's sentencing | 15 |
| determination.
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| If after weighing the factors in aggravation and | 17 |
| mitigation, one or more
jurors determines that death is not the | 18 |
| appropriate sentence,
the
court shall sentence the defendant to | 19 |
| a term of imprisonment under
Chapter V of the Unified Code of | 20 |
| Corrections.
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| (h) Procedure - No Jury.
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| In a proceeding before the court alone, if the court finds | 23 |
| that none
of the factors found in subsection (b) exists, the | 24 |
| court shall sentence
the defendant to a term of imprisonment | 25 |
| under Chapter V of the Unified
Code of Corrections.
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| If the Court determines that one or more of the factors set |
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LRB096 18041 RLC 33413 b |
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| forth in
subsection (b) exists, the Court shall consider any | 2 |
| aggravating and
mitigating factors as indicated in subsection | 3 |
| (c). If the Court
determines, after weighing the factors in | 4 |
| aggravation and mitigation, that
death is the appropriate | 5 |
| sentence, the Court shall sentence the
defendant to death.
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| If
the court finds that death is not the
appropriate | 7 |
| sentence, the
court shall sentence the defendant to a term of | 8 |
| imprisonment under
Chapter V of the Unified Code of | 9 |
| Corrections.
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| (h-5) Decertification as a capital case.
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| In a case in which the defendant has been found guilty of | 12 |
| first degree murder
by a judge or jury, or a case on remand for | 13 |
| resentencing, and the State seeks
the death penalty as an | 14 |
| appropriate
sentence,
on the court's own motion or the written | 15 |
| motion of the defendant, the court
may decertify the case as a | 16 |
| death penalty case if the court finds that the only
evidence | 17 |
| supporting the defendant's conviction is the uncorroborated | 18 |
| testimony
of an informant witness, as defined in Section 115-21 | 19 |
| of the Code of Criminal
Procedure of 1963, concerning the | 20 |
| confession or admission of the defendant or
that the sole | 21 |
| evidence against the defendant is a single eyewitness or single
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| accomplice without any other corroborating evidence.
If the | 23 |
| court decertifies the case as a capital case
under either of | 24 |
| the grounds set forth above, the court shall issue a
written | 25 |
| finding. The State may pursue its right to appeal the | 26 |
| decertification
pursuant to Supreme Court Rule 604(a)(1). If |
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LRB096 18041 RLC 33413 b |
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| the court does not
decertify the case as a capital case, the | 2 |
| matter shall proceed to the
eligibility phase of the sentencing | 3 |
| hearing.
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| (i) Appellate Procedure.
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| The conviction and sentence of death shall be subject to | 6 |
| automatic
review by the Supreme Court. Such review shall be in | 7 |
| accordance with
rules promulgated by the Supreme Court.
The | 8 |
| Illinois Supreme Court may overturn the death sentence, and | 9 |
| order the
imposition of imprisonment under Chapter V of the | 10 |
| Unified Code of
Corrections if the court finds that the death | 11 |
| sentence is fundamentally
unjust as applied to the particular | 12 |
| case.
If the Illinois Supreme Court finds that the
death | 13 |
| sentence is fundamentally unjust as applied to the particular | 14 |
| case,
independent of any procedural grounds for relief, the | 15 |
| Illinois Supreme Court
shall issue a written opinion explaining | 16 |
| this finding.
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| (j) Disposition of reversed death sentence.
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| In the event that the death penalty in this Act is held to | 19 |
| be
unconstitutional by the Supreme Court of the United States | 20 |
| or of the
State of Illinois, any person convicted of first | 21 |
| degree murder shall be
sentenced by the court to a term of | 22 |
| imprisonment under Chapter V of the
Unified Code of | 23 |
| Corrections.
| 24 |
| In the event that any death sentence pursuant to the | 25 |
| sentencing
provisions of this Section is declared | 26 |
| unconstitutional by the Supreme
Court of the United States or |
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LRB096 18041 RLC 33413 b |
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| of the State of Illinois, the court having
jurisdiction over a | 2 |
| person previously sentenced to death shall cause the
defendant | 3 |
| to be brought before the court, and the court shall sentence
| 4 |
| the defendant to a term of imprisonment under Chapter V of the
| 5 |
| Unified Code of Corrections.
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| (k) Guidelines for seeking the death penalty.
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| The Attorney General and
State's Attorneys Association | 8 |
| shall consult on voluntary guidelines for
procedures governing | 9 |
| whether or not to seek the death penalty. The guidelines
do not
| 10 |
| have the force of law and are only advisory in nature.
| 11 |
| (Source: P.A. 96-710, eff. 1-1-10.)
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| (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| 13 |
| Sec. 12-2. Aggravated assault.
| 14 |
| (a) A person commits an aggravated assault, when, in | 15 |
| committing an
assault, he:
| 16 |
| (1) Uses a deadly weapon, an air rifle as defined in | 17 |
| the Air Rifle Act, or any device manufactured and designed | 18 |
| to be
substantially similar in appearance to a firearm, | 19 |
| other than by
discharging a firearm in the direction of | 20 |
| another person, a peace
officer, a person summoned or | 21 |
| directed by a peace officer, a correctional
officer, a | 22 |
| private security officer, or a fireman or in the direction | 23 |
| of a vehicle occupied by another
person, a peace officer, a | 24 |
| person summoned or directed by a peace officer,
a | 25 |
| correctional officer, a private security officer, or a |
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LRB096 18041 RLC 33413 b |
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| fireman while the officer or fireman is
engaged in the | 2 |
| execution of any of his official duties, or to prevent the
| 3 |
| officer or fireman from performing his official duties, or | 4 |
| in retaliation
for the officer or fireman performing his | 5 |
| official duties;
| 6 |
| (2) Is hooded, robed or masked in such manner as to | 7 |
| conceal his
identity or any device manufactured and | 8 |
| designed to be substantially
similar in appearance to a | 9 |
| firearm;
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| (3) Knows the individual assaulted to be a teacher or | 11 |
| other person
employed in any school and such teacher or | 12 |
| other employee is upon the
grounds of a school or grounds | 13 |
| adjacent thereto, or is in any part of a
building used for | 14 |
| school purposes;
| 15 |
| (4) Knows the individual assaulted to be a supervisor, | 16 |
| director,
instructor or other person employed in any park | 17 |
| district and such
supervisor, director, instructor or | 18 |
| other employee is upon the grounds of
the park or grounds | 19 |
| adjacent thereto, or is in any part of a building used
for | 20 |
| park purposes;
| 21 |
| (5) Knows the individual assaulted to be a caseworker, | 22 |
| investigator, or
other person employed by the Department of | 23 |
| Healthcare and Family Services (formerly State Department | 24 |
| of Public Aid), a
County
Department of Public Aid, or the | 25 |
| Department of Human Services (acting as
successor to the | 26 |
| Illinois Department of Public Aid under the Department of
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LRB096 18041 RLC 33413 b |
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| Human Services Act) and such caseworker, investigator, or | 2 |
| other person
is upon the grounds of a public aid office or | 3 |
| grounds adjacent thereto, or
is in any part of a building | 4 |
| used for public aid purposes, or upon the
grounds of a home | 5 |
| of a public aid applicant, recipient or any other person
| 6 |
| being interviewed or investigated in the employee's | 7 |
| employees' discharge of his
duties, or on grounds adjacent | 8 |
| thereto, or is in any part of a building in
which the | 9 |
| applicant, recipient, or other such person resides or is | 10 |
| located;
| 11 |
| (6) Knows the individual assaulted to be a peace | 12 |
| officer, a community
policing volunteer, a private | 13 |
| security officer, or a fireman
while the officer or fireman | 14 |
| is engaged in the execution of any of his
official duties, | 15 |
| or to prevent the officer, community policing volunteer,
or | 16 |
| fireman from performing
his official duties, or in | 17 |
| retaliation for the officer, community policing
volunteer, | 18 |
| or fireman
performing his official duties, and the assault | 19 |
| is committed other than by
the discharge of a firearm in | 20 |
| the direction of the officer or fireman or
in the direction | 21 |
| of a vehicle occupied by the officer or fireman;
| 22 |
| (7) Knows the individual assaulted to be
an emergency | 23 |
| medical technician - ambulance, emergency medical
| 24 |
| technician - intermediate, emergency medical technician - | 25 |
| paramedic, ambulance
driver , physician, physician | 26 |
| assistant, nurse, advanced practice nurse, or other |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| medical
assistance or first aid personnel engaged in the
| 2 |
| execution of any of his official duties, or to prevent the
| 3 |
| emergency medical technician - ambulance, emergency | 4 |
| medical
technician - intermediate, emergency medical | 5 |
| technician - paramedic,
ambulance driver, physician, | 6 |
| physician assistant, nurse, advanced practice nurse, or | 7 |
| other medical assistance or first aid personnel from
| 8 |
| performing his official duties, or in retaliation for the
| 9 |
| emergency medical technician - ambulance, emergency | 10 |
| medical
technician - intermediate, emergency medical | 11 |
| technician - paramedic,
ambulance driver, physician, | 12 |
| physician assistant, nurse, advanced practice nurse, or | 13 |
| other medical assistance or first aid personnel
performing | 14 |
| his official duties;
| 15 |
| (8) Knows the individual assaulted to be the driver, | 16 |
| operator, employee
or passenger of any transportation | 17 |
| facility or system engaged in the
business of | 18 |
| transportation of the public for hire and the individual
| 19 |
| assaulted is then performing in such capacity or then using | 20 |
| such public
transportation as a passenger or using any area | 21 |
| of any description
designated by the transportation | 22 |
| facility or system as a vehicle boarding,
departure, or | 23 |
| transfer location;
| 24 |
| (9) Or the individual assaulted is on or about a public | 25 |
| way, public
property, or public place of accommodation or | 26 |
| amusement;
|
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| (9.5) Is, or the individual assaulted is, in or about a | 2 |
| publicly or privately owned sports or entertainment arena, | 3 |
| stadium, community or convention hall, special event | 4 |
| center, amusement facility, or a special event center in a | 5 |
| public park during any 24-hour period when a professional | 6 |
| sporting event, National Collegiate Athletic Association | 7 |
| (NCAA)-sanctioned sporting event, United States Olympic | 8 |
| Committee-sanctioned sporting event, or International | 9 |
| Olympic Committee-sanctioned sporting event is taking | 10 |
| place in this venue;
| 11 |
| (10) Knows the individual assaulted to be an employee | 12 |
| of the State of
Illinois, a municipal corporation therein | 13 |
| or a political subdivision
thereof, engaged in the | 14 |
| performance of his authorized duties as such
employee;
| 15 |
| (11) Knowingly and without legal justification, | 16 |
| commits an assault on
a physically handicapped person;
| 17 |
| (12) Knowingly and without legal justification, | 18 |
| commits an assault on a
person 60 years of age or older;
| 19 |
| (13) Discharges a firearm, other than from a motor | 20 |
| vehicle;
| 21 |
| (13.5) Discharges a firearm from a motor vehicle;
| 22 |
| (14) Knows the individual assaulted to be a | 23 |
| correctional officer, while
the officer is engaged in the | 24 |
| execution of any of his or her official duties,
or to | 25 |
| prevent the officer from performing his or her official | 26 |
| duties, or in
retaliation for the officer performing his or |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| her official duties;
| 2 |
| (15) Knows the individual assaulted to be a | 3 |
| correctional employee or
an employee of the Department of | 4 |
| Human Services supervising or controlling
sexually | 5 |
| dangerous persons or sexually violent persons, while
the | 6 |
| employee is engaged in the execution of any of his or her | 7 |
| official duties,
or to prevent the employee from performing | 8 |
| his or her official duties, or in
retaliation for the | 9 |
| employee performing his or her official duties, and the
| 10 |
| assault is committed other than by the discharge of a | 11 |
| firearm in the direction
of the employee or in the | 12 |
| direction of a vehicle occupied by the employee;
| 13 |
| (16) Knows the individual assaulted to be an employee | 14 |
| of a police or
sheriff's department, or a person who is | 15 |
| employed by a municipality and whose duties include traffic | 16 |
| control, engaged in the performance of his or her official | 17 |
| duties
as such employee;
| 18 |
| (17) Knows the individual assaulted to be a sports | 19 |
| official or coach at any level of competition and the act | 20 |
| causing the assault to the sports official or coach | 21 |
| occurred within an athletic facility or an indoor or | 22 |
| outdoor playing field or within the immediate vicinity of | 23 |
| the athletic facility or an indoor or outdoor playing field | 24 |
| at which the sports official or coach was an active | 25 |
| participant in the athletic contest held at the athletic | 26 |
| facility. For the purposes of this paragraph (17), "sports |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| official" means a person at an athletic contest who | 2 |
| enforces the rules of the contest, such as an umpire or | 3 |
| referee; and "coach" means a person recognized as a coach | 4 |
| by the sanctioning authority that conducted the athletic | 5 |
| contest;
| 6 |
| (18) Knows the individual assaulted to be an emergency | 7 |
| management
worker, while the emergency management worker | 8 |
| is engaged in the execution of
any of his or her official | 9 |
| duties,
or to prevent the emergency management worker from | 10 |
| performing his or her
official duties, or in retaliation | 11 |
| for the emergency management worker
performing his or her | 12 |
| official duties, and the assault is committed other than
by | 13 |
| the discharge of a firearm in the direction of the | 14 |
| emergency management
worker or in the direction of a | 15 |
| vehicle occupied by the emergency management
worker; or | 16 |
| (19) Knows the individual assaulted to be a utility | 17 |
| worker, while the utility worker is engaged in the | 18 |
| execution of his or her duties, or to prevent the utility | 19 |
| worker from performing his or her duties, or in retaliation | 20 |
| for the utility worker performing his or her duties. In | 21 |
| this paragraph (19), "utility worker" means a person | 22 |
| employed by a public utility as defined in Section 3-105 of | 23 |
| the Public Utilities Act and also includes an employee of a | 24 |
| municipally owned utility, an employee of a cable | 25 |
| television company, an employee of an electric
cooperative | 26 |
| as defined in Section 3-119 of the Public Utilities
Act, an |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| independent contractor or an employee of an independent
| 2 |
| contractor working on behalf of a cable television company, | 3 |
| public utility, municipally
owned utility, or an electric | 4 |
| cooperative, or an employee of a
telecommunications | 5 |
| carrier as defined in Section 13-202 of the
Public | 6 |
| Utilities Act, an independent contractor or an employee of
| 7 |
| an independent contractor working on behalf of a
| 8 |
| telecommunications carrier, or an employee of a telephone | 9 |
| or
telecommunications cooperative as defined in Section | 10 |
| 13-212 of
the Public Utilities Act, or an independent | 11 |
| contractor or an
employee of an independent contractor | 12 |
| working on behalf of a
telephone or telecommunications | 13 |
| cooperative. | 14 |
| (a-5) A person commits an aggravated assault when he or she | 15 |
| knowingly and
without lawful justification shines or flashes a | 16 |
| laser gunsight or other laser
device that is attached or | 17 |
| affixed to a firearm, or used in concert with a
firearm, so | 18 |
| that the laser beam strikes near or in the immediate vicinity | 19 |
| of
any person.
| 20 |
| (b) Sentence.
| 21 |
| Aggravated assault as defined in paragraphs (1) through (5) | 22 |
| and (8) through
(12) and (17) and (19) of subsection (a) of | 23 |
| this Section is a Class A misdemeanor. Aggravated
assault as | 24 |
| defined in paragraphs (13), (14), and (15) of subsection (a) of | 25 |
| this
Section and as defined in subsection (a-5) of this Section | 26 |
| is a Class 4
felony. Aggravated assault as defined in |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| paragraphs
(6), (7), (16), and (18) of
subsection (a) of this | 2 |
| Section is a Class A misdemeanor if a firearm is not
used in | 3 |
| the commission of the assault. Aggravated assault as defined in
| 4 |
| paragraphs (6), (7), (16), and (18) of subsection (a) of this
| 5 |
| Section is a Class 4 felony if a firearm is used in the | 6 |
| commission of the
assault. Aggravated assault as defined in | 7 |
| paragraph (13.5) of subsection (a) is a Class 3 felony.
| 8 |
| (c) For the purposes of paragraphs (1) and (6) of | 9 |
| subsection (a), "private security officer" means a registered | 10 |
| employee of a private security contractor agency under the | 11 |
| Private Detective, Private Alarm, Private Security, | 12 |
| Fingerprint Vendor, and Locksmith Act of 2004. | 13 |
| (Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07; | 14 |
| 95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff. | 15 |
| 9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; revised | 16 |
| 11-4-09.)
| 17 |
| (720 ILCS 5/12-4)
| 18 |
| Sec. 12-4. Aggravated Battery.
| 19 |
| (a) A person who, in committing a battery, intentionally or | 20 |
| knowingly
causes great bodily harm, or permanent disability or | 21 |
| disfigurement commits
aggravated battery.
| 22 |
| (b) In committing a battery, a person commits aggravated | 23 |
| battery if he or
she:
| 24 |
| (1) Uses a deadly weapon other than by the discharge of | 25 |
| a firearm, or uses an air rifle as defined in the Air Rifle |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| Act;
| 2 |
| (2) Is hooded, robed or masked, in such manner as to | 3 |
| conceal his
identity;
| 4 |
| (3) Knows the individual harmed to be a teacher or | 5 |
| other person
employed in any school and such teacher or | 6 |
| other employee is upon the
grounds of a school or grounds | 7 |
| adjacent thereto, or is in any part of a
building used for | 8 |
| school purposes;
| 9 |
| (4) (Blank);
| 10 |
| (5) (Blank);
| 11 |
| (6) Knows the individual harmed to be a community
| 12 |
| policing volunteer while
such volunteer is engaged in the | 13 |
| execution of
any official duties, or to prevent the | 14 |
| volunteer from performing official duties, or in
| 15 |
| retaliation for the volunteer performing official
duties, | 16 |
| and the battery is committed other than by the discharge of | 17 |
| a firearm;
| 18 |
| (7) Knows the individual harmed to be an emergency | 19 |
| medical technician -
ambulance, emergency medical | 20 |
| technician - intermediate, emergency medical
technician - | 21 |
| paramedic, ambulance driver, physician, physician | 22 |
| assistant, nurse, advanced practice nurse, other medical | 23 |
| assistance, first
aid personnel, or hospital personnel | 24 |
| engaged in the
performance of any of his or her official | 25 |
| duties,
or to prevent the emergency medical technician - | 26 |
| ambulance, emergency medical
technician - intermediate, |
|
|
|
HB5745 |
- 24 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| emergency medical technician - paramedic, ambulance
| 2 |
| driver, physician, physician assistant, nurse, advanced | 3 |
| practice nurse, other medical assistance, first aid | 4 |
| personnel, or
hospital personnel from performing
official | 5 |
| duties, or in retaliation for performing official duties;
| 6 |
| (8) Is, or the person battered is, on or about a public | 7 |
| way, public
property or public place of accommodation or | 8 |
| amusement;
| 9 |
| (8.5) Is, or the person battered is, on a publicly or | 10 |
| privately owned sports or entertainment arena, stadium, | 11 |
| community or convention hall, special event center, | 12 |
| amusement facility, or a special event center in a public | 13 |
| park during any 24-hour period when a professional sporting | 14 |
| event, National Collegiate Athletic Association | 15 |
| (NCAA)-sanctioned sporting event, United States Olympic | 16 |
| Committee-sanctioned sporting event, or International | 17 |
| Olympic Committee-sanctioned sporting event is taking | 18 |
| place in this venue;
| 19 |
| (9) Knows the individual harmed to be the driver, | 20 |
| operator, employee
or passenger of any transportation | 21 |
| facility or system engaged in the
business of | 22 |
| transportation of the public for hire and the individual
| 23 |
| assaulted is then performing in such capacity or then using | 24 |
| such public
transportation as a passenger or using any area | 25 |
| of any description
designated by the transportation | 26 |
| facility or system as a vehicle
boarding, departure, or |
|
|
|
HB5745 |
- 25 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| transfer location;
| 2 |
| (10) Knows the individual harmed to be an individual of | 3 |
| 60 years of age or older;
| 4 |
| (11) Knows the individual harmed is pregnant;
| 5 |
| (12) Knows the individual harmed to be a judge whom the
| 6 |
| person intended to harm as a result of the judge's | 7 |
| performance of his or
her official duties as a judge;
| 8 |
| (13) (Blank);
| 9 |
| (14) Knows the individual harmed to be a person who is | 10 |
| physically
handicapped;
| 11 |
| (15) Knowingly and without legal justification and by | 12 |
| any means causes
bodily harm to a merchant who detains the | 13 |
| person for an alleged commission of
retail theft under | 14 |
| Section 16A-5 of this Code.
In this item (15), "merchant" | 15 |
| has the meaning ascribed to it in Section
16A-2.4 of this | 16 |
| Code;
| 17 |
| (16) Is, or the person battered is, in any building or | 18 |
| other structure
used to provide shelter or other services | 19 |
| to victims or to the dependent
children of victims of | 20 |
| domestic violence pursuant to the Illinois Domestic
| 21 |
| Violence Act of 1986 or the Domestic Violence Shelters Act, | 22 |
| or the person
battered is within 500 feet of such a | 23 |
| building or other structure while going
to or from such a | 24 |
| building or other structure. "Domestic violence" has the
| 25 |
| meaning ascribed to it in Section 103 of the Illinois | 26 |
| Domestic Violence Act of
1986. "Building or other structure |
|
|
|
HB5745 |
- 26 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| used to provide shelter" has the meaning
ascribed to | 2 |
| "shelter" in Section 1 of the Domestic Violence Shelters | 3 |
| Act;
| 4 |
| (17) (Blank);
| 5 |
| (18) Knows the individual harmed to be an officer or | 6 |
| employee of the State of Illinois, a unit of local | 7 |
| government, or school district engaged in the performance | 8 |
| of his or her authorized duties as such officer or | 9 |
| employee; | 10 |
| (19) Knows the individual harmed to be an emergency | 11 |
| management worker
engaged in the performance of any of his | 12 |
| 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 performing | 15 |
| official duties; | 16 |
| (20) Knows the individual harmed to be a private | 17 |
| security officer engaged in the performance of any of his | 18 |
| or her official duties, or to prevent
the private security | 19 |
| officer from performing official duties, or in
retaliation | 20 |
| for the private security officer performing official | 21 |
| duties; or | 22 |
| (21)
Knows the individual harmed to be a taxi driver | 23 |
| and the battery is committed while the taxi driver is on | 24 |
| duty; or | 25 |
| (22)
Knows the individual harmed to be a utility | 26 |
| worker, while the utility worker is engaged in the |
|
|
|
HB5745 |
- 27 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| execution of his or her duties, or to prevent the utility | 2 |
| worker from performing his or her duties, or in retaliation | 3 |
| for the utility worker performing his or her duties. In | 4 |
| this paragraph (22), "utility worker" means a person | 5 |
| employed by a public utility as defined in Section 3-105 of | 6 |
| the Public Utilities Act and also includes an employee of a | 7 |
| municipally owned utility, an employee of a cable | 8 |
| television company, an employee of an electric
cooperative | 9 |
| as defined in Section 3-119 of the Public Utilities
Act, an | 10 |
| independent contractor or an employee of an independent
| 11 |
| contractor working on behalf of a cable television company, | 12 |
| public utility, municipally
owned utility, or an electric | 13 |
| cooperative, or an employee of a
telecommunications | 14 |
| carrier as defined in Section 13-202 of the
Public | 15 |
| Utilities Act, an independent contractor or an employee of
| 16 |
| an independent contractor working on behalf of a
| 17 |
| telecommunications carrier, or an employee of a telephone | 18 |
| or
telecommunications cooperative as defined in Section | 19 |
| 13-212 of
the Public Utilities Act, or an independent | 20 |
| contractor or an
employee of an independent contractor | 21 |
| working on behalf of a
telephone or telecommunications | 22 |
| cooperative.
| 23 |
| For the purpose of paragraph (14) of subsection (b) of this | 24 |
| Section, a
physically handicapped person is a person who | 25 |
| suffers from a permanent and
disabling physical | 26 |
| characteristic, resulting from disease, injury,
functional |
|
|
|
HB5745 |
- 28 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| disorder or congenital condition.
| 2 |
| For the purpose of paragraph (20) of subsection (b) and | 3 |
| subsection (e) of this Section, "private security officer" | 4 |
| means a registered employee of a private security contractor | 5 |
| agency under the Private Detective, Private Alarm, Private | 6 |
| Security, Fingerprint Vendor, and Locksmith Act of 2004. | 7 |
| (c) A person who administers to an individual or causes him | 8 |
| to take,
without his consent or by threat or deception, and for | 9 |
| other than
medical purposes, any intoxicating, poisonous, | 10 |
| stupefying, narcotic,
anesthetic, or controlled substance | 11 |
| commits aggravated battery.
| 12 |
| (d) A person who knowingly gives to another person any food | 13 |
| that
contains any substance or object that is intended to cause | 14 |
| physical
injury if eaten, commits aggravated battery.
| 15 |
| (d-3) A person commits aggravated battery when he or she | 16 |
| knowingly and
without lawful justification shines or flashes a | 17 |
| laser gunsight or other laser
device that is attached or | 18 |
| affixed to a firearm, or used in concert with a
firearm, so | 19 |
| that the laser beam strikes upon or against the person of | 20 |
| another.
| 21 |
| (d-5) An inmate of a penal institution or a sexually | 22 |
| dangerous person or a
sexually violent person in the custody of | 23 |
| the Department of Human Services
who causes or attempts to | 24 |
| cause a
correctional employee of the penal institution or an | 25 |
| employee of the
Department of Human Services to come into | 26 |
| contact with blood,
seminal fluid, urine, or feces, by |
|
|
|
HB5745 |
- 29 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| throwing, tossing, or expelling that fluid
or material commits | 2 |
| aggravated battery. For purposes of this subsection (d-5),
| 3 |
| "correctional employee" means a person who is employed by a | 4 |
| penal institution.
| 5 |
| (d-6) A person commits aggravated battery when he or she, | 6 |
| in committing a battery, strangles another individual. For the | 7 |
| purposes of this subsection (d-6), "strangle" means | 8 |
| intentionally impeding the normal breathing or circulation of | 9 |
| the blood of an individual by applying pressure on the throat | 10 |
| or neck of that individual or by blocking the nose or mouth of | 11 |
| that individual. | 12 |
| (e) Sentence.
| 13 |
| (1) Except as otherwise provided in paragraphs (2), | 14 |
| (3), and (4) , and (5) aggravated battery is a Class 3 | 15 |
| felony. | 16 |
| (2) Aggravated battery that does not cause great bodily | 17 |
| harm or permanent disability or disfigurement is a Class 2 | 18 |
| felony when the person knows
the individual harmed to be a | 19 |
| peace officer, a community
policing volunteer, a private | 20 |
| security officer, a correctional institution employee, an
| 21 |
| employee of the Department of Human Services supervising or
| 22 |
| controlling sexually dangerous persons or sexually violent
| 23 |
| persons, or a fireman while such officer, volunteer, | 24 |
| employee,
or fireman is engaged in the execution of any | 25 |
| official duties
including arrest or attempted arrest, or to | 26 |
| prevent the
officer, volunteer, employee, or fireman from |
|
|
|
HB5745 |
- 30 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| performing
official duties, or in retaliation for the | 2 |
| officer, volunteer,
employee, or fireman performing | 3 |
| official duties, and the
battery is committed other than by | 4 |
| the discharge of a firearm.
| 5 |
| (3) Aggravated battery that causes great bodily harm or | 6 |
| permanent disability or disfigurement in
violation of | 7 |
| subsection (a)
is a Class 1 felony when the person knows | 8 |
| the individual harmed to be a peace
officer, a community
| 9 |
| policing volunteer, a private security officer, a | 10 |
| correctional institution employee, an employee
of the | 11 |
| Department of Human Services supervising or controlling | 12 |
| sexually
dangerous persons or sexually violent persons, or | 13 |
| a fireman while
such officer, volunteer, employee, or | 14 |
| fireman is engaged in the execution of
any official duties | 15 |
| including arrest or attempted arrest, or to prevent the
| 16 |
| officer, volunteer, employee, or fireman from performing | 17 |
| official duties, or in
retaliation for the officer, | 18 |
| volunteer, employee, or fireman performing official
| 19 |
| duties, and the battery is committed other than by the | 20 |
| discharge of a firearm.
| 21 |
| (4) Aggravated battery under subsection (d-5) is a | 22 |
| Class 2 felony. | 23 |
| (5) Aggravated battery under subsection (d-6) is a | 24 |
| Class 1 felony if: | 25 |
| (A) the person used or attempted to use a dangerous | 26 |
| instrument while committing the offense; or |
|
|
|
HB5745 |
- 31 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| (B) the person caused great bodily harm or | 2 |
| permanent disability or disfigurement to the other | 3 |
| person while committing the offense; or | 4 |
| (C) the person has been previously convicted of a | 5 |
| violation of subsection (d-6) under the laws of this | 6 |
| State or laws similar to subsection (d-6) of any other | 7 |
| state.
| 8 |
| (6) (5) For purposes of this subsection (e), the term | 9 |
| "firearm" shall have the meaning provided under Section 1.1 | 10 |
| of the Firearms Owners Identification Card Act, and shall | 11 |
| not include an air rifle as defined by Section 1 of the Air | 12 |
| Rifle Act. | 13 |
| (Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, | 14 |
| eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, | 15 |
| eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | 16 |
| revised 9-4-09.)
| 17 |
| (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2) | 18 |
| Sec. 12-4.2. Aggravated Battery with a firearm.
| 19 |
| (a) A person commits aggravated battery with a firearm when | 20 |
| he, in
committing a battery, knowingly or intentionally by | 21 |
| means of the discharging of
a firearm (1) causes any injury to | 22 |
| another person, or (2) causes any
injury to a person he knows | 23 |
| to be a peace officer, a private security officer, a community | 24 |
| policing
volunteer, a correctional institution employee or a | 25 |
| fireman while the
officer, volunteer, employee or fireman is |
|
|
|
HB5745 |
- 32 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| engaged in the execution of any
of his
official duties, or to | 2 |
| prevent the officer, volunteer, employee or fireman
from
| 3 |
| performing his official duties, or in retaliation for the | 4 |
| officer,
volunteer, employee or fireman performing his | 5 |
| official duties, or (3)
causes any
injury to a person he knows | 6 |
| to be an emergency medical technician - ambulance,
emergency | 7 |
| medical technician - intermediate, emergency medical | 8 |
| technician -
paramedic, ambulance driver, physician, physician | 9 |
| assistant, nurse, advanced practice nurse, or other medical | 10 |
| assistance or first aid
personnel, employed by a municipality | 11 |
| or other governmental unit, while the
emergency medical | 12 |
| technician - ambulance, emergency medical technician -
| 13 |
| intermediate, emergency medical technician - paramedic, | 14 |
| ambulance driver, or
other medical assistance or first aid | 15 |
| personnel is engaged in the execution of
any of his official | 16 |
| duties, or to prevent the emergency medical technician -
| 17 |
| ambulance, emergency medical technician - intermediate, | 18 |
| emergency medical
technician - paramedic, ambulance driver, | 19 |
| physician, physician assistant, nurse, advanced practice | 20 |
| nurse, or other medical assistance or first
aid personnel from | 21 |
| performing his official duties, or in retaliation for the
| 22 |
| emergency medical technician - ambulance, emergency medical | 23 |
| technician -
intermediate, emergency medical technician - | 24 |
| paramedic, ambulance driver, physician, physician assistant, | 25 |
| nurse, advanced practice nurse, or
other medical assistance or | 26 |
| first aid personnel performing his official
duties, (4) causes |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| any injury to a person he or she knows to be a
teacher
or other | 2 |
| person employed in a school or a student in a school and the | 3 |
| teacher or other employee or student is upon
grounds of a | 4 |
| school or grounds adjacent to a school, or is in any part of a
| 5 |
| building used for school purposes, or (5) causes any injury to | 6 |
| a person he or
she knows to be an emergency
management worker | 7 |
| while the emergency management worker is engaged in the
| 8 |
| execution of any of his or her official duties, or to prevent | 9 |
| the emergency
management worker from performing his or her | 10 |
| official
duties, or in retaliation for the emergency management | 11 |
| worker performing his or
her official duties.
| 12 |
| (b) A violation of subsection (a)(1) of this Section is a | 13 |
| Class X felony.
A violation of subsection (a)(2), subsection | 14 |
| (a)(3),
subsection (a)(4), subsection (a)(5) of this Section is | 15 |
| a
Class X felony for which the sentence shall be a term of | 16 |
| imprisonment of no
less than 15 years and no more than 60 | 17 |
| years.
| 18 |
| (c) For purposes of this Section: | 19 |
| "Firearm" is defined as in the Firearm Owners | 20 |
| Identification Card Act.
| 21 |
| "Private security officer" means a registered employee | 22 |
| of a private security contractor agency under the Private | 23 |
| Detective, Private Alarm, Private Security, Fingerprint | 24 |
| Vendor, and Locksmith Act of 2004.
| 25 |
| (Source: P.A. 95-236, eff. 1-1-08; 96-41, eff. 1-1-10; 96-328, | 26 |
| eff. 8-11-09.)
|
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| (720 ILCS 5/12-4.2-5)
| 2 |
| Sec. 12-4.2-5. Aggravated battery with a machine gun or a | 3 |
| firearm equipped
with any device or attachment designed or used | 4 |
| for silencing the report of a
firearm. | 5 |
| (a) A person commits aggravated battery with a
machine gun | 6 |
| or a firearm equipped with a device designed or used for | 7 |
| silencing
the report of a firearm
when he or she, in
committing | 8 |
| a battery, knowingly or intentionally by means of the | 9 |
| discharging of
a
machine gun or a firearm equipped with a | 10 |
| device designed or used for silencing
the report of a firearm
| 11 |
| (1) causes any injury to another person, or (2) causes any
| 12 |
| injury to a person he or she knows to be a peace officer, a | 13 |
| private security officer, a person summoned by
a
peace officer, | 14 |
| a correctional institution employee or a fireman while the
| 15 |
| officer, employee or fireman is engaged in the execution of any | 16 |
| of his
or her official duties, or to prevent the officer, | 17 |
| employee or fireman from
performing his or her official duties, | 18 |
| or in retaliation for the officer,
employee or fireman | 19 |
| performing his or her official duties, or (3) causes
any
injury | 20 |
| to a person he or she knows to be an emergency medical | 21 |
| technician -
ambulance,
emergency medical technician - | 22 |
| intermediate, emergency medical technician -
paramedic, | 23 |
| ambulance driver, physician, physician assistant, nurse, | 24 |
| advanced practice nurse, or other medical assistance or first | 25 |
| aid
personnel, employed by a municipality or other governmental |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| unit, while the
emergency medical technician - ambulance, | 2 |
| emergency medical technician -
intermediate, emergency medical | 3 |
| technician - paramedic, ambulance driver, physician, physician | 4 |
| assistant, nurse, advanced practice nurse, or
other medical | 5 |
| assistance or first aid personnel is engaged in the execution | 6 |
| of
any of his or her official duties, or to prevent the | 7 |
| emergency medical
technician - ambulance, emergency medical | 8 |
| technician - intermediate, emergency
medical
technician - | 9 |
| paramedic, ambulance driver, physician, physician assistant, | 10 |
| nurse, advanced practice nurse, or other medical assistance or | 11 |
| first
aid personnel from performing his or her official duties, | 12 |
| or in retaliation for
the
emergency medical technician - | 13 |
| ambulance, emergency medical technician -
intermediate, | 14 |
| emergency medical technician - paramedic, ambulance driver, | 15 |
| physician, physician assistant, nurse, advanced practice | 16 |
| nurse, or
other medical assistance or first aid personnel | 17 |
| performing his or her official
duties, or (4) causes any injury | 18 |
| to a person he or she knows to be an
emergency management | 19 |
| worker
while the emergency management worker is engaged in the | 20 |
| execution of any of his
or her official duties, or to prevent | 21 |
| the emergency management worker from
performing his or her | 22 |
| official duties, or in retaliation for the emergency
management | 23 |
| worker performing his or her official duties.
| 24 |
| (b) A violation of subsection (a)(1) of this Section is a | 25 |
| Class X felony
for which the person shall be sentenced to a | 26 |
| term of imprisonment of no less
than 12 years and no more than |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| 45 years.
A violation of subsection (a)(2), subsection (a)(3), | 2 |
| or
subsection (a)(4) of this Section is a
Class X felony for | 3 |
| which the sentence shall be a term of imprisonment of no
less | 4 |
| than 20 years and no more than 60 years.
| 5 |
| (c) For purposes of this Section, "firearm" is defined as | 6 |
| in the Firearm
Owners Identification Card Act.
| 7 |
| (d) For purposes of this Section:
| 8 |
| "Machine gun" has the meaning ascribed to
it in clause | 9 |
| (i) of paragraph (7) of subsection (a) of Section 24-1 of | 10 |
| this
Code. | 11 |
| "Private security officer" means a registered employee | 12 |
| of a private security contractor agency under the Private | 13 |
| Detective, Private Alarm, Private Security, Fingerprint | 14 |
| Vendor, and Locksmith Act of 2004.
| 15 |
| (Source: P.A. 95-236, eff. 1-1-08; 96-328, eff. 8-11-09.)
| 16 |
| (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
| 17 |
| Sec. 24-1.2. Aggravated discharge of a firearm. | 18 |
| (a) A person commits aggravated discharge of a firearm when | 19 |
| he or she
knowingly or
intentionally:
| 20 |
| (1) Discharges a firearm at or into a building he or | 21 |
| she knows or
reasonably
should know to be
occupied and the | 22 |
| firearm is discharged from a place or position outside
that | 23 |
| building;
| 24 |
| (2) Discharges a firearm in the direction of another | 25 |
| person or in the
direction of a vehicle he or she knows or |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| reasonably should know to be
occupied by a person;
| 2 |
| (3) Discharges a firearm in the direction of a person | 3 |
| he or she knows
to be
a peace officer, a community policing | 4 |
| volunteer, a
correctional institution employee, or a | 5 |
| fireman while the officer,
volunteer,
employee or fireman | 6 |
| is engaged in the execution of any of his or her
official
| 7 |
| duties, or to prevent the officer, volunteer, employee or | 8 |
| fireman from
performing his or her
official duties, or in | 9 |
| retaliation for the officer, volunteer, employee or
| 10 |
| fireman
performing his or her official duties;
| 11 |
| (4) Discharges a firearm in the direction of a vehicle | 12 |
| he or she knows
to be
occupied by a peace officer, a person | 13 |
| summoned or directed by a peace
officer, a correctional | 14 |
| institution employee or a fireman while the
officer, | 15 |
| employee or fireman is engaged in the execution of any of | 16 |
| his or
her
official duties, or to prevent the officer, | 17 |
| employee or fireman from
performing his or her official | 18 |
| duties, or in retaliation for the officer,
employee or | 19 |
| fireman performing his or her official duties;
| 20 |
| (5) Discharges a firearm in the direction of a person | 21 |
| he or she knows
to be
an emergency medical technician - | 22 |
| ambulance, emergency medical
technician - intermediate, | 23 |
| emergency medical technician - paramedic, ambulance
| 24 |
| driver, physician, physician assistant, nurse, advanced | 25 |
| practice nurse, or other medical assistance or first aid
| 26 |
| personnel, employed by a municipality or other |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| governmental unit, while the
emergency medical technician - | 2 |
| ambulance, emergency medical
technician - intermediate, | 3 |
| emergency medical technician - paramedic, ambulance
| 4 |
| driver, physician, physician assistant, nurse, advanced | 5 |
| practice nurse, or other medical assistance or first aid
| 6 |
| personnel is engaged in the execution of any of his or her | 7 |
| official duties,
or to
prevent the
emergency medical | 8 |
| technician - ambulance, emergency medical
technician - | 9 |
| intermediate, emergency medical technician - paramedic, | 10 |
| ambulance
driver, physician, physician assistant, nurse, | 11 |
| advanced practice nurse, or other medical assistance or
| 12 |
| first aid personnel from performing his or her official | 13 |
| duties, or in
retaliation
for the
emergency medical | 14 |
| technician - ambulance, emergency medical
technician - | 15 |
| intermediate, emergency medical technician - paramedic, | 16 |
| ambulance
driver, physician, physician assistant, nurse, | 17 |
| advanced practice nurse, or other medical assistance or | 18 |
| first
aid personnel performing his or her official duties;
| 19 |
| (6) Discharges a firearm in the direction of a vehicle | 20 |
| he or she knows
to
be occupied by an emergency medical | 21 |
| technician - ambulance, emergency medical
technician - | 22 |
| intermediate, emergency medical technician - paramedic,
| 23 |
| ambulance
driver, physician, physician assistant, nurse, | 24 |
| advanced practice nurse, or other medical assistance
or | 25 |
| first aid personnel, employed by a municipality or other | 26 |
| governmental
unit, while the
emergency medical technician - |
|
|
|
HB5745 |
- 39 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| ambulance, emergency medical
technician - intermediate, | 2 |
| emergency medical technician - paramedic, ambulance
| 3 |
| driver, physician, physician assistant, nurse, advanced | 4 |
| practice nurse, or other medical assistance or
first aid | 5 |
| personnel is engaged in the execution of any of his or her
| 6 |
| official
duties, or to prevent the
emergency medical | 7 |
| technician - ambulance, emergency medical
technician - | 8 |
| intermediate, emergency medical technician - paramedic, | 9 |
| ambulance
driver, physician, physician assistant, nurse, | 10 |
| advanced practice nurse, or other medical
assistance or | 11 |
| first aid personnel from performing his or her official
| 12 |
| duties, or
in retaliation for the
emergency medical | 13 |
| technician - ambulance, emergency medical
technician - | 14 |
| intermediate, emergency medical technician - paramedic, | 15 |
| ambulance
driver, physician, physician assistant, nurse, | 16 |
| advanced practice nurse, or other medical
assistance or | 17 |
| first aid personnel performing his or her official duties;
| 18 |
| (7) Discharges a firearm in the direction of a person | 19 |
| he or she knows to
be a teacher or other person employed in | 20 |
| any school and the teacher or other
employee is upon the | 21 |
| grounds of a school or grounds adjacent to a school, or is
| 22 |
| in any part of a building used for school purposes;
| 23 |
| (8) Discharges a firearm in the direction of a person | 24 |
| he or she knows to
be an emergency management worker while | 25 |
| the emergency management worker is
engaged in the execution | 26 |
| of any of his or her official duties, or to prevent
the |
|
|
|
HB5745 |
- 40 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| emergency management worker from performing his or her | 2 |
| official duties, or
in retaliation for the emergency | 3 |
| management worker performing his or her
official duties; or
| 4 |
| (9) Discharges a firearm in the direction of a vehicle | 5 |
| he or she knows to
be occupied by an emergency management | 6 |
| worker while the emergency management
worker is engaged in | 7 |
| the execution of any of his or her official duties, or to
| 8 |
| prevent the emergency management worker from performing | 9 |
| his or her official
duties, or in retaliation for the | 10 |
| emergency management worker performing his or
her official | 11 |
| duties.
| 12 |
| (b) A violation of subsection (a)(1) or subsection (a)(2) | 13 |
| of this
Section is a Class 1 felony.
A violation of
subsection | 14 |
| (a)(1) or (a)(2)
of this Section committed in a school, on the | 15 |
| real property comprising a
school,
within 1,000 feet of the | 16 |
| real property comprising a school, at a school related
activity | 17 |
| or on or within 1,000 feet of any conveyance owned, leased, or
| 18 |
| contracted by a school to transport students to or from school | 19 |
| or a school
related activity, regardless of the time of day or | 20 |
| time of year that the
offense was committed is a Class X | 21 |
| felony.
A violation of subsection (a)(3), (a)(4),
(a)(5), | 22 |
| (a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class
X | 23 |
| felony for which the
sentence shall be a term of imprisonment | 24 |
| of no less than 10 years and not more
than 45 years.
| 25 |
| (c) For purposes of this Section:
| 26 |
| "School" means a public or private elementary or secondary |
|
|
|
HB5745 |
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LRB096 18041 RLC 33413 b |
|
| 1 |
| school,
community college, college, or university.
| 2 |
| "School related activity" means any sporting, social, | 3 |
| academic, or other
activity for which students' attendance or | 4 |
| participation is sponsored,
organized, or funded in whole or in | 5 |
| part by a school or school district.
| 6 |
| (Source: P.A. 94-243, eff. 1-1-06.)
| 7 |
| (720 ILCS 5/24-1.2-5)
| 8 |
| Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a | 9 |
| firearm equipped with a device designed or used for silencing
| 10 |
| the report of a firearm.
| 11 |
| (a) A person commits aggravated discharge of a
machine gun | 12 |
| or a firearm equipped with a device designed or used for | 13 |
| silencing
the report of a firearm
when he or she knowingly or
| 14 |
| intentionally:
| 15 |
| (1) Discharges a
machine gun or a firearm equipped with | 16 |
| a device designed or used for silencing
the report of a | 17 |
| firearm
at or into a building he or she knows to be
| 18 |
| occupied and the
machine gun or the firearm equipped with a | 19 |
| device designed or used for
silencing
the report of a | 20 |
| firearm
is discharged from a place or position outside
that | 21 |
| building;
| 22 |
| (2) Discharges a
machine gun or a firearm equipped with | 23 |
| a device designed or used for silencing
the report of a | 24 |
| firearm
in the direction of another person or in the
| 25 |
| direction of a vehicle he or she knows to be occupied;
|
|
|
|
HB5745 |
- 42 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| (3) Discharges a
machine gun or a firearm equipped with | 2 |
| a device designed or used for silencing
the report of a | 3 |
| firearm
in the direction of a person he or she knows to be
| 4 |
| a peace officer, a person summoned or directed by a peace | 5 |
| officer, a
correctional institution employee, or a fireman | 6 |
| while the officer,
employee or fireman is engaged in the | 7 |
| execution of any of his or her official
duties, or to | 8 |
| prevent the officer, employee or fireman from performing | 9 |
| his
or her official duties, or in retaliation for the | 10 |
| officer, employee or fireman
performing his or her official | 11 |
| duties;
| 12 |
| (4) Discharges a
machine gun or a firearm equipped with | 13 |
| a device designed or used for silencing
the report of a | 14 |
| firearm
in the direction of a vehicle he or she knows to be
| 15 |
| occupied by a peace officer, a person summoned or directed | 16 |
| by a peace
officer, a correctional institution employee or | 17 |
| a fireman while the
officer, employee or fireman is engaged | 18 |
| in the execution of any of his
or her official duties, or | 19 |
| to prevent the officer, employee or fireman from
performing | 20 |
| his or her official duties, or in retaliation for the | 21 |
| officer,
employee or fireman performing his or her official | 22 |
| duties;
| 23 |
| (5) Discharges a
machine gun or a firearm equipped with | 24 |
| a device designed or used for silencing
the report of a | 25 |
| firearm
in the direction of a person he or she knows to be
| 26 |
| an emergency medical technician - ambulance, emergency |
|
|
|
HB5745 |
- 43 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| medical
technician - intermediate, emergency medical | 2 |
| technician - paramedic, ambulance
driver, physician, | 3 |
| physician assistant, nurse, advanced practice nurse, or | 4 |
| other medical assistance or first aid
personnel, employed | 5 |
| by a municipality or other governmental unit, while the
| 6 |
| emergency medical technician - ambulance, emergency | 7 |
| medical
technician - intermediate, emergency medical | 8 |
| technician - paramedic, ambulance
driver, physician, | 9 |
| physician assistant, nurse, advanced practice nurse, or | 10 |
| other medical assistance or first aid
personnel is engaged | 11 |
| in the execution of any of his or her official duties, or
| 12 |
| to
prevent the
emergency medical technician - ambulance, | 13 |
| emergency medical
technician - intermediate, emergency | 14 |
| medical technician - paramedic, ambulance
driver, | 15 |
| physician, physician assistant, nurse, advanced practice | 16 |
| nurse, or other medical assistance or
first aid personnel | 17 |
| from performing his or her official duties, or in
| 18 |
| retaliation
for the
emergency medical technician - | 19 |
| ambulance, emergency medical
technician - intermediate, | 20 |
| emergency medical technician - paramedic, ambulance
| 21 |
| driver, physician, physician assistant, nurse, advanced | 22 |
| practice nurse, or other medical assistance or first
aid | 23 |
| personnel performing his or her official duties;
| 24 |
| (6) Discharges a
machine gun or a firearm equipped with | 25 |
| a device designed or used for silencing
the report of a | 26 |
| firearm
in the direction of a vehicle he or she knows to
be |
|
|
|
HB5745 |
- 44 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| occupied by an emergency medical technician - ambulance, | 2 |
| emergency medical
technician - intermediate, emergency | 3 |
| medical technician - paramedic, ambulance
driver, | 4 |
| physician, physician assistant, nurse, advanced practice | 5 |
| nurse, or other medical assistance
or first aid personnel, | 6 |
| employed by a municipality or other governmental
unit, | 7 |
| while the
emergency medical technician - ambulance, | 8 |
| emergency medical
technician - intermediate, emergency | 9 |
| medical technician - paramedic, ambulance
driver, | 10 |
| physician, physician assistant, nurse, advanced practice | 11 |
| nurse, or other medical assistance or
first aid personnel | 12 |
| is engaged in the execution of any of his or her official
| 13 |
| duties, or to prevent the
emergency medical technician - | 14 |
| ambulance, emergency medical
technician - intermediate, | 15 |
| emergency medical technician - paramedic, ambulance
| 16 |
| driver, physician, physician assistant, nurse, advanced | 17 |
| practice nurse, or other medical
assistance or first aid | 18 |
| personnel from performing his or her official duties,
or
in | 19 |
| retaliation for the
emergency medical technician - | 20 |
| ambulance, emergency medical
technician - intermediate, | 21 |
| emergency medical technician - paramedic, ambulance
| 22 |
| driver, physician, physician assistant, nurse, advanced | 23 |
| practice nurse, or other medical
assistance or first aid | 24 |
| personnel performing his or her official
duties;
| 25 |
| (7) Discharges a machine gun or a firearm equipped with | 26 |
| a device
designed or used for silencing the report of a |
|
|
|
HB5745 |
- 45 - |
LRB096 18041 RLC 33413 b |
|
| 1 |
| firearm in the direction of a
person he or she knows to be | 2 |
| an emergency management worker while the emergency
| 3 |
| management worker is engaged in the execution of any of his | 4 |
| or her official
duties, or to prevent the emergency | 5 |
| management worker from performing his or
her official | 6 |
| duties, or in retaliation for the emergency management | 7 |
| worker
performing his or her official duties; or
| 8 |
| (8) Discharges a machine gun or a firearm equipped with | 9 |
| a device designed
or used for silencing the report of a | 10 |
| firearm in the direction of a vehicle he
or she knows to be | 11 |
| occupied by an emergency management worker while the
| 12 |
| emergency management worker is engaged in the execution of | 13 |
| any of his or her
official duties, or to prevent the | 14 |
| emergency management worker from performing
his or her | 15 |
| official duties, or in retaliation for the emergency | 16 |
| management
worker performing his or her official duties.
| 17 |
| (b) A violation of subsection (a) (1) or subsection (a) (2) | 18 |
| of this
Section is a Class X felony. A violation of subsection | 19 |
| (a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) (8) of this | 20 |
| Section is a Class X
felony for which the
sentence shall be a | 21 |
| term of imprisonment of no less than 12 years and no more
than | 22 |
| 50 years.
| 23 |
| (c) For the purpose of this Section, "machine gun" has the | 24 |
| meaning ascribed
to it in clause (i) of paragraph (7) of | 25 |
| subsection (a) of Section 24-1 of this
Code.
| 26 |
| (Source: P.A. 94-243, eff. 1-1-06.)
|
|