Public Act 095-0801
 		





HB5909 Enrolled
LRB095 17690 RLC 46282 b






    AN ACT concerning criminal law.

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


 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 31-1 as follows:
 



    (720 ILCS 5/31-1)  (from Ch. 38, par. 31-1)



    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 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, or 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. 92-841, eff. 8-22-02.)