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720 ILCS 5/31-1
(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
(Text of Section before amendment by P.A. 101-652)
Sec. 31-1. Resisting or obstructing a peace officer, firefighter, or correctional
institution employee. (a) A person who knowingly resists or obstructs the performance by one known
to the person to be a peace officer, firefighter, or correctional institution employee of any
authorized act within his or her official capacity commits a Class A misdemeanor.
(a-5) In addition to any other sentence that may be imposed, a court
shall
order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional
institution employee to be
sentenced to a minimum of 48 consecutive hours of imprisonment or
ordered to perform community service for not less than 100 hours as
may be determined by the court. The person shall not be eligible for probation
in order to reduce the sentence of imprisonment or community service.
(a-7) A person convicted for a violation of this Section whose violation was
the proximate cause of an injury to a peace officer, firefighter, or correctional
institution employee is guilty of a Class 4
felony.
(b) For purposes of this Section, "correctional institution employee"
means
any person employed to supervise and control inmates incarcerated in a
penitentiary, State farm, reformatory, prison, jail, house of correction,
police detention area, half-way house, or other institution or place for the
incarceration or custody of persons under sentence for offenses or awaiting
trial or sentence for offenses, under arrest for an offense, a violation of
probation, a violation of parole, a violation of aftercare release, a violation of mandatory supervised
release, or awaiting a bail setting hearing or preliminary hearing, or who
are
sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly
constituted fire department of a municipality or fire protection district who
performs fire fighting duties, including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person, pipe person, and any
other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.
(c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person. (Source: P.A. 98-558, eff. 1-1-14.)
(Text of Section after amendment by P.A. 101-652)
Sec. 31-1. Resisting or obstructing a peace officer, firefighter, or correctional
institution employee. (a) A person who knowingly resists or obstructs the performance by one known
to the person to be a peace officer, firefighter, or correctional institution employee of any
authorized act within his or her official capacity commits a Class A misdemeanor.
(a-5) In addition to any other sentence that may be imposed, a court
shall
order any person convicted of resisting or obstructing a peace officer, firefighter, or correctional
institution employee to be
sentenced to a minimum of 48 consecutive hours of imprisonment or
ordered to perform community service for not less than 100 hours as
may be determined by the court. The person shall not be eligible for probation
in order to reduce the sentence of imprisonment or community service.
(a-7) A person convicted for a violation of this Section whose violation was
the proximate cause of an injury to a peace officer, firefighter, or correctional
institution employee is guilty of a Class 4
felony.
(b) For purposes of this Section, "correctional institution employee"
means
any person employed to supervise and control inmates incarcerated in a
penitentiary, State farm, reformatory, prison, jail, house of correction,
police detention area, half-way house, or other institution or place for the
incarceration or custody of persons under sentence for offenses or awaiting
trial or sentence for offenses, under arrest for an offense, a violation of
probation, a violation of parole, a violation of aftercare release, a violation of mandatory supervised
release, or awaiting a hearing or preliminary hearing on setting the conditions of pretrial release, or who
are
sexually dangerous persons or who are sexually violent persons; and "firefighter" means any individual, either as an employee or volunteer, of a regularly
constituted fire department of a municipality or fire protection district who
performs fire fighting duties, including, but not limited to, the fire chief, assistant fire
chief, captain, engineer, driver, ladder person, hose person, pipe person, and any
other member of a regularly constituted fire department. "Firefighter" also means a person employed by the Office of the State Fire Marshal to conduct arson investigations.
(c) It is an affirmative defense to a violation of this Section if a person resists or obstructs the performance of one known by the person to be a firefighter by returning to or remaining in a dwelling, residence, building, or other structure to rescue or to attempt to rescue any person. (d) A person shall not be subject to arrest under this Section unless there is an underlying offense for which the person was initially subject to arrest. (Source: P.A. 101-652, eff. 1-1-23.)
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