Public Act 099-0816
 
SB2947 EnrolledLRB099 19506 RLC 43899 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 2012 is amended  by changing 
Sections 12-0.1, 12-2, 12-3.05, 24-1.2, and 24-1.2-5 as 
follows:
 
    (720 ILCS 5/12-0.1)

    Sec. 12-0.1. Definitions. In this Article, unless the 
context clearly requires otherwise:
    "Bona fide labor dispute" means any controversy concerning 
wages, salaries, hours, working conditions, or benefits, 
including health and welfare, sick leave, insurance, and 
pension or retirement provisions, the making or maintaining of 
collective bargaining agreements, and the terms to be included 
in those agreements.
    "Coach" means a person recognized as a coach by the 
sanctioning authority that conducts an athletic contest.
    "Correctional institution employee" means a person 
employed by a penal institution.
    "Emergency medical services personnel technician" has the 
meaning specified in Section 3.5 of the Emergency Medical 
Services (EMS) Systems Act and shall include all ambulance crew 
members, including drivers or pilots includes a paramedic, 
ambulance driver, first aid worker, hospital worker, or other 
medical assistance worker.
    "Family or household members" include spouses, former 
spouses, parents, children, stepchildren, and other persons 
related by blood or by present or prior marriage, persons who 
share or formerly shared a common dwelling, persons who have or 
allegedly have a child in common, persons who share or 
allegedly share a blood relationship through a child, persons 
who have or have had a dating or engagement relationship, 
persons with disabilities and their personal assistants, and 
caregivers as defined in Section 12-4.4a of this Code. For 
purposes of this Article, neither a casual acquaintanceship nor 
ordinary fraternization between 2 individuals in business or 
social contexts shall be deemed to constitute a dating 
relationship.
    "In the presence of a child" means in the physical presence 
of a child or knowing or having reason to know that a child is 
present and may see or hear an act constituting an offense.
    "Park district employee" means a supervisor, director, 
instructor, or other person employed by a park district.
    "Person with a physical disability" means a person who 
suffers from a permanent and disabling physical 
characteristic, resulting from disease, injury, functional 
disorder, or congenital condition.
    "Private security officer" means a registered  employee of a 
private security contractor agency under the Private 
Detective, Private Alarm, Private Security, Fingerprint 
Vendor, and Locksmith Act of 2004.
    "Probation officer" means a person as defined in the 
Probation and Probation Officers Act. 
    "Sports official" means a person at an athletic contest who 
enforces the rules of the contest, such as an umpire or 
referee.
    "Sports venue" means a publicly or privately owned sports 
or entertainment arena, stadium, community or convention hall, 
special event center, or amusement facility, or a special event 
center in a public park, during the 12 hours before or after 
the  sanctioned sporting event.
    "Streetgang", "streetgang member", and "criminal street 
gang" have the meanings ascribed to those terms in Section 10 
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
    "Transit employee" means a driver, operator, or employee of 
any transportation facility or system engaged in the business 
of transporting the public for hire.
    "Transit passenger" means a passenger of any 
transportation facility or system engaged in the business of 
transporting the public for hire, including a passenger using 
any area designated by a transportation facility or system as a 
vehicle boarding, departure, or transfer location.
    "Utility worker" means any of the following:
        (1) A person employed by a public utility as defined in 
    Section 3-105 of the Public Utilities Act.
        (2) An employee of a municipally owned utility.
        (3) An employee of a cable television company.
        (4) An employee of an electric cooperative as defined 
    in Section 3-119 of the Public Utilities Act.
        (5) An independent contractor or an employee of an 
    independent contractor working on behalf of a cable 
    television company,  public utility, municipally owned 
    utility, or electric cooperative.
        (6) An employee of a telecommunications carrier as 
    defined in Section 13-202 of the Public Utilities Act, or 
    an independent contractor or an employee of an independent 
    contractor working on behalf of a telecommunications 
    carrier.
        (7) An employee of a telephone or telecommunications 
    cooperative as defined in Section 13-212 of the Public 
    Utilities Act, or an independent contractor or an employee 
    of an independent contractor working on behalf of a 
    telephone or telecommunications cooperative.

(Source: P.A. 99-143, eff. 7-27-15.)
 



    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)


    Sec. 12-2. Aggravated assault. 

    (a) Offense based on location of conduct.  A person commits 
aggravated assault when he or she commits an assault against an 
individual who is on or about a public way, public property, a 
public place of accommodation or amusement, or a sports venue.
    (b) Offense based on status of victim. A person commits 
aggravated assault when, in committing an assault, he or she 
knows the individual assaulted to be any of the following:
        (1) A person with a physical disability or a person 60 
    years of age or older and the assault is without legal 
    justification.
        (2) A teacher or school employee upon school grounds or 
    grounds adjacent to a school or in any part of a building 
    used for school purposes.
        (3) A park district employee upon park grounds or 
    grounds adjacent to a park or in any part of a building 
    used for park purposes.
        (4) A community policing volunteer, private security 
    officer, or utility worker:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her 
        official duties; or
            (iii) assaulted in retaliation for performing his 
        or her official duties.
        (4.1) A peace officer, fireman, emergency management 
    worker, or emergency medical services personnel 
    technician:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her 
        official duties; or
            (iii) assaulted in retaliation for performing his 
        or her official duties. 
        (5) A correctional officer or probation officer:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her 
        official duties; or
            (iii)  assaulted in retaliation for performing his 
        or her official duties.
        (6) A correctional institution employee, a county 
    juvenile detention center employee who provides direct and 
    continuous supervision of residents of a juvenile 
    detention center, including a county juvenile detention 
    center employee who supervises recreational activity for 
    residents of a juvenile detention center, or a Department 
    of Human Services employee, Department of Human Services 
    officer, or employee of a subcontractor of the Department 
    of Human Services supervising or controlling sexually 
    dangerous persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her 
        official duties; or
            (iii) assaulted in retaliation for performing his 
        or her official duties.
        (7) An employee of the State of Illinois, a municipal 
    corporation therein, or a political subdivision thereof, 
    performing his or her official  duties.
        (8) A transit employee performing his or her official 
    duties, or a transit passenger.
        (9) A sports official or coach actively participating 
    in any level of athletic competition within a sports venue, 
    on an indoor playing field or outdoor playing field, or 
    within the immediate vicinity of such a facility or field.
        (10) A person authorized to serve process under Section 
    2-202 of the Code of Civil Procedure or a special process 
    server appointed by the circuit court, while that 
    individual is in the performance of his or her duties as a 
    process server. 
    (c) Offense based on use of firearm, device, or motor 
vehicle. A person commits aggravated assault when, in 
committing an assault, he or she does any of the following:
        (1) Uses a deadly weapon, an air rifle as defined in 
    Section 24.8-0.1 of this Act, or any device manufactured 
    and designed to be substantially similar in appearance to a 
    firearm, other than by discharging a firearm.
        (2) Discharges a firearm, other than from a motor 
    vehicle.
        (3) Discharges a firearm from a motor vehicle.
        (4) Wears a hood, robe, or mask to conceal his or her 
    identity.
        (5) Knowingly and without lawful justification shines 
    or flashes a laser gun sight or other laser device attached 
    to a firearm, or used in concert with a firearm, so that 
    the laser beam strikes near or in the immediate vicinity of 
    any person.
        (6) Uses a firearm, other than by discharging the 
    firearm, against a peace officer, community policing 
    volunteer, fireman, private security officer, emergency 
    management worker, emergency medical services personnel 
    technician, employee of a police department, employee of a 
    sheriff's department, or traffic control municipal 
    employee:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her 
        official duties; or
            (iii) assaulted in retaliation for performing his 
        or her official duties. 
        (7) Without justification operates a motor vehicle in a 
    manner which places a person, other than a person listed in 
    subdivision (b)(4), in reasonable apprehension of being 
    struck by the moving motor vehicle.
        (8) Without justification operates a motor vehicle in a 
    manner which places a person listed in subdivision (b)(4), 
    in reasonable apprehension of being struck by the moving 
    motor vehicle. 
        (9)  Knowingly video or audio records the offense with 
    the intent to disseminate the recording. 
    (d) Sentence. Aggravated assault as defined in subdivision 
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), 
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that 
aggravated assault as defined in subdivision (b)(4) and (b)(7) 
is a Class 4 felony if a Category I, Category II, or Category 
III weapon is used in the commission of the assault. Aggravated 
assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), 
(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. 
Aggravated assault as defined in subdivision (c)(3) or (c)(8) 
is a Class 3 felony.
    (e) For the purposes of this Section, "Category I weapon", 
"Category II weapon, and "Category III weapon" have the 
meanings ascribed to those terms in Section 33A-1 of this Code. 




















(Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, 
eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)

 

    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)



    Sec. 12-3.05. Aggravated battery. 

    (a) Offense based on injury. A person commits aggravated 
battery when, in committing a battery, other than by the 
discharge of a firearm, he or she knowingly does any of the 
following:
        (1) Causes great bodily harm or  permanent disability or 
    disfigurement.
        (2) Causes severe and permanent disability, great 
    bodily harm, or disfigurement by means of a caustic or 
    flammable substance, a poisonous gas, a deadly biological 
    or chemical contaminant or agent, a radioactive substance, 
    or a bomb or explosive compound.
        (3) Causes great bodily harm or permanent disability or 
    disfigurement to an individual whom the person knows to be 
    a peace officer, community policing volunteer, fireman, 
    private security officer, correctional institution 
    employee, or Department of Human Services employee 
    supervising or controlling sexually dangerous persons or 
    sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (4) Causes great bodily harm or permanent disability or 
    disfigurement to an individual 60 years of age or older.
        (5)  Strangles another individual. 
    (b) Offense based on injury to a child or person with an 
intellectual disability. A person who is at least 18 years of 
age commits aggravated battery when, in committing a battery, 
he or she knowingly and without legal justification by any 
means:
        (1) causes great bodily harm or permanent disability or 
    disfigurement to any child under the age of 13 years, or to 
    any person with a severe or profound intellectual 
    disability; or
        (2) causes bodily harm or disability or disfigurement 
    to any child under the age of 13 years or to any person 
    with a severe or profound intellectual disability. 
    (c) Offense based on location of conduct.  A person commits 
aggravated battery when, in committing a battery, other than by 
the discharge of a firearm, he or she is or the person battered 
is on or about a public way, public property, a public place of 
accommodation or amusement, a sports venue, or a domestic 
violence shelter.
    (d) Offense based on status of victim. A person commits 
aggravated battery when, in committing a battery, other than by 
discharge of a firearm, he or she knows the individual battered  
to be any of the following:
        (1) A person 60 years of age or older.
        (2) A person who is pregnant or has a physical 
    disability.
        (3) A teacher or school employee upon school grounds or 
    grounds adjacent to a school or in any part of a building 
    used for school purposes.
        (4) A peace officer, community policing volunteer, 
    fireman, private security officer, correctional 
    institution employee, or Department of Human Services 
    employee supervising or controlling sexually dangerous 
    persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (5) A judge, emergency management worker, emergency 
    medical services personnel technician, or utility worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (6) An officer or employee of the State of Illinois, a 
    unit of local government, or a school district, while 
    performing his or her official duties.
        (7) A transit employee performing his or her official 
    duties, or a transit passenger.
        (8) A taxi driver on duty.
        (9) A merchant who detains the person for an alleged 
    commission of retail theft under Section 16-26 of this Code 
    and the person without legal justification by any means 
    causes bodily harm to the merchant.
        (10) A person authorized to serve process under Section 
    2-202 of the Code of Civil Procedure or a special process 
    server appointed by the circuit court while that individual 
    is in the performance of his or her duties as a process 
    server.
        (11) A nurse while in  the performance of his or her 
    duties as a nurse. 
    (e) Offense based on use of a firearm. A person commits 
aggravated battery when, in committing a battery, he or she 
knowingly does any of the following:
        (1) Discharges a firearm, other than a machine gun or a 
    firearm equipped with a silencer, and causes any injury to 
    another person.
        (2) Discharges a firearm, other than a machine gun or a 
    firearm equipped with a silencer, and causes any injury to 
    a person he or she knows to be a peace officer, community 
    policing volunteer, person summoned by a police officer, 
    fireman, private security officer, correctional 
    institution employee, or emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (3) Discharges a firearm, other than a machine gun or a 
    firearm equipped with a silencer, and causes any injury to 
    a person he or she knows to be an emergency medical 
    services personnel technician employed by a municipality 
    or other governmental unit:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (4) Discharges a firearm and causes any injury to a 
    person he or she knows to be a teacher, a student in a 
    school,  or a school employee, and the teacher, student, or 
    employee is upon school grounds or grounds adjacent to a 
    school or in any part of a building used for school 
    purposes.
        (5) Discharges a machine gun or a firearm equipped with 
    a silencer, and causes any injury to another person.
        (6) Discharges a machine gun or a firearm equipped with 
    a silencer, and causes any injury to a person he or she 
    knows to be a peace officer, community policing volunteer, 
    person summoned by a police officer, fireman, private 
    security officer, correctional institution employee or 
    emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (7) Discharges a machine gun or a firearm equipped with 
    a silencer, and causes any injury to a person he or she 
    knows to be an emergency medical services personnel 
    technician employed by a municipality or other 
    governmental unit:
            (i)  performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (8) Discharges a machine gun or a firearm equipped with 
    a silencer, and causes any injury to a person he or she 
    knows to be a teacher, or a student in a school, or a 
    school employee, and the teacher, student, or employee is 
    upon school grounds or grounds adjacent to a school or in 
    any part of a building used for school purposes. 
    (f) Offense based on use of a weapon or device. A person 
commits aggravated battery when, in committing a battery, he or 
she does any of the following:
        (1) Uses a deadly weapon other than by discharge of a 
    firearm, or uses an air rifle as defined in Section 
    24.8-0.1 of this Code.
        (2) Wears a hood, robe, or mask to conceal his or her 
    identity.
        (3) Knowingly and without lawful justification shines 
    or flashes a laser gunsight or other laser device attached 
    to a firearm, or used in concert with a firearm, so that 
    the laser beam strikes upon or against the person of 
    another.
        (4) Knowingly video or audio records the offense with 
    the intent to disseminate the recording. 
    (g) Offense based on certain conduct. A person commits 
aggravated battery when, other than by discharge of a firearm, 
he or she does any of the following:
        (1) Violates Section 401 of the Illinois Controlled 
    Substances Act by unlawfully delivering a controlled 
    substance to another and any user experiences great bodily 
    harm or permanent disability as a result of the injection, 
    inhalation, or ingestion of any amount of the controlled 
    substance.
        (2) Knowingly administers to an individual or causes 
    him or her to take, without his or her consent or by threat 
    or deception, and for other than medical purposes, any 
    intoxicating, poisonous, stupefying, narcotic, anesthetic, 
    or controlled substance, or gives to another person any 
    food containing any substance or object intended to cause 
    physical injury if eaten.
        (3) Knowingly causes or attempts to cause a 
    correctional institution employee or Department of Human 
    Services employee to come into contact with blood, seminal 
    fluid, urine, or feces by throwing, tossing, or expelling 
    the fluid or material, and the person is an inmate of a 
    penal institution or is a sexually dangerous person or 
    sexually violent person in the custody of the Department of 
    Human Services.
    (h) Sentence. Unless otherwise provided, aggravated 
battery is a Class 3 felony.
    Aggravated battery as defined in subdivision (a)(4), 
(d)(4), or (g)(3) is a Class 2 felony.
    Aggravated battery as defined in subdivision (a)(3) or 
(g)(1) is a Class 1 felony.
    Aggravated battery as defined in subdivision (a)(1) is a 
Class 1 felony when the aggravated battery was intentional and 
involved the infliction of torture, as defined in paragraph 
(14) of subsection (b) of Section 9-1 of this Code, as the 
infliction of or subjection to extreme physical pain, motivated 
by an intent to increase or prolong the pain, suffering, or 
agony of the victim. 
    Aggravated battery under subdivision (a)(5) is a
Class 1 
felony if:
        (A) the person used or attempted to use a dangerous

    instrument while committing the offense; or
        (B) the person caused great bodily harm or
permanent 
    disability or disfigurement to the other
person while 
    committing the offense; or
        (C) the person has been previously convicted of a

    violation of subdivision (a)(5) under the laws of this

    State or laws similar to subdivision (a)(5) of any other

    state. 
    Aggravated battery as defined in subdivision (e)(1) is a 
Class X felony.
    Aggravated battery as defined in subdivision (a)(2) is a 
Class X felony for which a person shall be sentenced to a term 
of imprisonment of a minimum of 6 years and a maximum of 45 
years.
    Aggravated battery as defined in subdivision (e)(5) is a 
Class X felony for which a person shall be sentenced to a term 
of imprisonment of a minimum of 12 years and a maximum of 45 
years.
    Aggravated battery as defined in subdivision (e)(2), 
(e)(3), or (e)(4) is a Class X felony for which a person shall 
be sentenced to a term of imprisonment of a minimum of 15 years 
and a maximum of 60 years.
    Aggravated battery as defined in subdivision (e)(6), 
(e)(7), or (e)(8)  is a Class X felony for which a person shall 
be sentenced to a term of imprisonment of a minimum of 20 years 
and a maximum of 60 years.
    Aggravated battery as defined in subdivision (b)(1) is a 
Class X felony, except that:
        (1) if the person committed the offense while armed 
    with a firearm, 15 years shall be added to the term of 
    imprisonment imposed by the court;
        (2) if, during the commission of the offense, the 
    person personally discharged a firearm, 20 years shall be 
    added to the term of imprisonment imposed by the court;
        (3) if, during the commission of the offense, the 
    person personally discharged a firearm that proximately 
    caused great bodily harm, permanent disability, permanent 
    disfigurement, or death to another person, 25 years or up 
    to a term of natural life shall be added to the term of 
    imprisonment imposed by the court.
    (i) Definitions. For the purposes of this Section:
    "Building or other structure used to provide shelter" has 
the meaning ascribed to "shelter" in Section 1 of the Domestic 
Violence Shelters Act.
    "Domestic violence" has the meaning ascribed to it in 
Section 103 of the Illinois Domestic Violence Act of 1986.
    "Domestic violence shelter" means any building or other 
structure used to provide shelter or other services to victims 
or to the dependent children of victims of domestic violence 
pursuant to the Illinois Domestic Violence Act of 1986 or the 
Domestic Violence Shelters Act, or any place within 500 feet of 
such a building or other structure in the case of a person who 
is going to or from such a building or other structure.
    "Firearm" has the meaning provided under Section 1.1
of the 
Firearm Owners Identification Card Act, and does
not include an 
air rifle as defined by Section 24.8-0.1 of this Code. 
    "Machine gun" has the meaning ascribed to it in Section 
24-1 of this Code.
    "Merchant" has the meaning ascribed to it in Section 16-0.1 
of this Code. 
    "Strangle" means
intentionally impeding the normal 
breathing or circulation of the blood of an individual by 
applying pressure on the throat
or neck of that individual or 
by blocking the nose or mouth of
that individual. 



























(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, 
eff. 7-16-14; 99-143, eff. 7-27-15.)

 
    (720 ILCS 5/24-1.2)  (from Ch. 38, par. 24-1.2)

    Sec. 24-1.2. Aggravated discharge of a firearm.
    (a) A person commits aggravated discharge of a firearm when 
he or she
knowingly or
intentionally:


        (1) Discharges a firearm at or into a building he or 
    she knows or
reasonably
should know to be
occupied and the 
    firearm is discharged from a place or position outside
that 
    building;


        (2) Discharges a firearm in the direction of another 
    person or in the
direction of a vehicle he or she knows or 
    reasonably should know to be
occupied by a person;


        (3) Discharges a firearm in the direction of a person 
    he or she knows
to be
a peace officer, a community policing 
    volunteer, a
correctional institution employee, or a 
    fireman while the officer,
volunteer,
employee or fireman 
    is engaged in the execution of any of his or her
official

    duties, or to prevent the officer, volunteer, employee or 
    fireman from
performing his or her
official duties, or in 
    retaliation for the officer, volunteer, employee or

    fireman
performing his or her official duties;


        (4) Discharges a firearm in the direction of a vehicle 
    he or she knows
to be
occupied by a peace officer, a person 
    summoned or directed by a peace
officer, a correctional 
    institution employee or a fireman while the
officer, 
    employee or fireman is engaged in the execution of any of 
    his or
her
official duties, or to prevent the officer, 
    employee or fireman from
performing his or her official 
    duties, or in retaliation for the officer,
employee or 
    fireman performing his or her official duties;


        (5) Discharges a firearm in the direction of a person 
    he or she knows
to be
an emergency medical services 
    personnel who technician - ambulance, emergency medical

    technician - intermediate, emergency medical technician - 
    paramedic, ambulance
driver, or other medical assistance 
    or first aid
personnel, employed by a municipality or other 
    governmental unit, while the
emergency medical technician -
     ambulance, emergency medical
technician - intermediate, 
    emergency medical technician - paramedic, ambulance

    driver, or other medical assistance or first aid
personnel 
    is engaged in the execution of any of his or her official 
    duties,
or to
prevent the
emergency medical services 
    personnel technician - ambulance, emergency medical

    technician - intermediate, emergency medical technician - 
    paramedic, ambulance
driver, or other medical assistance 
    or
first aid personnel from performing his or her official 
    duties, or in
retaliation
for the
emergency medical 
    services personnel technician - ambulance, emergency 
    medical
technician - intermediate, emergency medical 
    technician - paramedic, ambulance
driver, or other medical 
    assistance or first
aid personnel performing his or her 
    official duties;


        (6) Discharges a firearm in the direction of a vehicle 
    he or she knows
to
be occupied by an emergency medical 
    services personnel technician - ambulance, emergency 
    medical
technician - intermediate, emergency medical 
    technician - paramedic,
ambulance
driver, or other medical 
    assistance
or first aid personnel, employed by a 
    municipality or other governmental
unit, while the

    emergency medical services personnel is technician  - 
    ambulance, emergency medical
technician - intermediate, 
    emergency medical technician - paramedic, ambulance

    driver, or other medical assistance or
first aid personnel 
    is engaged in the execution of any of his or her
official

    duties, or to prevent the
emergency medical services 
    personnel technician - ambulance, emergency medical

    technician - intermediate, emergency medical technician - 
    paramedic, ambulance
driver, or other medical
assistance 
    or first aid personnel from performing his or her official

    duties, or
in retaliation for the
emergency medical 
    services personnel technician - ambulance, emergency 
    medical
technician - intermediate, emergency medical 
    technician - paramedic, ambulance
driver, or other medical

    assistance or first aid personnel performing his or her 
    official duties;


        (7) Discharges a firearm in the direction of a person 
    he or she knows to
be a teacher or other person employed in 
    any school and the teacher or other
employee is upon the 
    grounds of a school or grounds adjacent to a school, or is

    in any part of a building used for school purposes;


        (8) Discharges a firearm in the direction of a person 
    he or she knows to
be an emergency management worker while 
    the emergency management worker is
engaged in the execution 
    of any of his or her official duties, or to prevent
the 
    emergency management worker from performing his or her 
    official duties, or
in retaliation for the emergency 
    management worker performing his or her
official duties; or

        (9) Discharges a firearm in the direction of a vehicle 
    he or she knows to
be occupied by an emergency management 
    worker while the emergency management
worker is engaged in 
    the execution of any of his or her official duties, or to

    prevent the emergency management worker from performing 
    his or her official
duties, or in retaliation for the 
    emergency management worker performing his or
her official 
    duties.


    (b) A violation  of  subsection (a)(1) or  subsection (a)(2) 
of this
Section is a Class 1 felony.
A violation of
subsection 
(a)(1) or (a)(2)
of this Section committed in a school, on the 
real property comprising a
school,
within 1,000 feet of the 
real property comprising a school, at a school related
activity 
or on or within 1,000 feet of any conveyance owned, leased, or

contracted by a school to transport students to or from school 
or a school
related activity, regardless of the time of day or 
time of year that the
offense was committed is a Class X 
felony.
A violation of subsection (a)(3), (a)(4),
(a)(5), 
(a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class
X 
felony for which the
sentence shall be a term of imprisonment 
of no less than 10 years and not more
than 45 years.


    (c) For purposes of this Section:


    "Emergency medical services personnel" has the meaning 
specified in Section 3.5 of the Emergency Medical Services 
(EMS) Systems Act and shall include all ambulance crew members, 
including drivers or pilots. 
    "School" means a public or private elementary or secondary 
school,
community college, college, or university.


    "School related activity" means any sporting, social, 
academic, or other
activity for which students' attendance or 
participation is sponsored,
organized, or funded in whole or in 
part by a school or school district.


(Source: P.A. 94-243, eff. 1-1-06.)

 
    (720 ILCS 5/24-1.2-5)

    Sec. 24-1.2-5. Aggravated discharge of a
 machine gun or a 
firearm equipped with a device designed or used for silencing

the report of a firearm.

    (a) A person commits aggravated discharge of a
 machine gun 
or a firearm equipped with a device designed or used for 
silencing
the report of a firearm
when he or she knowingly or

intentionally:


        (1) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
at or into a building he or she knows to be

    occupied and the
machine gun or the firearm equipped with a 
    device designed or used for
silencing
the report of a 
    firearm
is discharged from a place or position outside
that 
    building;


        (2) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
in the direction of another person or in the

    direction of a vehicle he or she knows to be occupied;


        (3) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
in the direction of a person he or she knows to be

    a peace officer, a person summoned or directed by a peace 
    officer, a
correctional institution employee, or a fireman 
    while the officer,
employee or fireman is engaged in the 
    execution of any of his or her official
duties, or to 
    prevent the officer, employee or fireman from performing 
    his
or her official duties, or in retaliation for the 
    officer, employee or fireman
performing his or her official 
    duties;


        (4) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
in the direction of a vehicle he or she knows to be

    occupied by a peace officer, a person summoned or directed 
    by a peace
officer, a correctional institution employee or 
    a fireman while the
officer, employee or fireman is engaged 
    in the execution of any of his
or her official duties, or 
    to prevent the officer, employee or fireman from
performing 
    his or her official duties, or in retaliation for the 
    officer,
employee or fireman performing his or her official 
    duties;


        (5) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
in the direction of a person he or she knows to be

    an emergency medical services personnel technician - 
    ambulance, emergency medical
technician - intermediate, 
    emergency medical technician - paramedic, ambulance

    driver, or other medical assistance or first aid
personnel, 
    employed by a municipality or other governmental unit, 
    while the
emergency medical services personnel is 
    technician - ambulance, emergency medical
technician - 
    intermediate, emergency medical technician - paramedic, 
    ambulance
driver, or other medical assistance or first aid

    personnel is engaged in the execution of any of his or her 
    official duties, or
to
prevent the
emergency medical 
    services personnel technician - ambulance, emergency 
    medical
technician - intermediate, emergency medical 
    technician - paramedic, ambulance
driver, or other medical 
    assistance or
first aid personnel from performing his or 
    her official duties, or in
retaliation
for the
emergency 
    medical services personnel technician - ambulance, 
    emergency medical
technician - intermediate, emergency 
    medical technician - paramedic, ambulance
driver, or other 
    medical assistance or first
aid personnel performing his or 
    her official duties;


        (6) Discharges a
machine gun or a firearm equipped with 
    a device designed or used for silencing
the report of a 
    firearm
in the direction of a vehicle he or she knows to
be 
    occupied by an emergency medical services personnel 
    technician - ambulance, emergency medical
technician - 
    intermediate, emergency medical technician - paramedic, 
    ambulance
driver, or other medical assistance
or first aid 
    personnel, employed by a municipality or other 
    governmental
unit, while the
emergency medical services 
    personnel technician  - ambulance, emergency medical

    technician - intermediate, emergency medical technician - 
    paramedic, ambulance
driver, or other medical assistance 
    or
first aid personnel is engaged in the execution of any 
    of his or her official
duties, or to prevent the
emergency 
    medical services personnel technician - ambulance, 
    emergency medical
technician - intermediate, emergency 
    medical technician - paramedic, ambulance
driver, or other 
    medical
assistance or first aid personnel from performing 
    his or her official duties,
or
in retaliation for the

    emergency medical services personnel technician - 
    ambulance, emergency medical
technician - intermediate, 
    emergency medical technician - paramedic, ambulance

    driver, or other medical
assistance or first aid personnel 
    performing his or her official
duties;


        (7) Discharges a machine gun or a firearm equipped with 
    a device
designed or used for silencing the report of a 
    firearm in the direction of a
person he or she knows to be 
    an emergency management worker while the emergency

    management worker is engaged in the execution of any of his 
    or her official
duties, or to prevent the emergency 
    management worker from performing his or
her official 
    duties, or in retaliation for the emergency management 
    worker
performing his or her official duties; or

        (8) Discharges a machine gun or a firearm equipped with 
    a device designed
or used for silencing the report of a 
    firearm in the direction of a vehicle he
or she knows to be 
    occupied by an emergency management worker while the

    emergency management worker is engaged in the execution of 
    any of his or her
official duties, or to prevent the 
    emergency management worker from performing
his or her 
    official duties, or in retaliation for the emergency 
    management
worker performing his or her official duties.


    (b) A violation  of  subsection (a) (1) or  subsection (a) (2) 
of this
Section is a Class X felony.  A violation of subsection 
(a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) (8) of this 
Section is a Class X
felony for which the
sentence shall be a 
term of imprisonment of no less than 12 years and no more
than 
50 years.


    (c) For the purpose of this Section:
        "Emergency medical services personnel" has the meaning 
    specified in Section 3.5 of the Emergency Medical Services 
    (EMS) Systems Act and shall include all ambulance crew 
    members, including drivers or pilots. ,
        "Machine "machine gun" has the meaning ascribed
to it 
    in clause (i) of paragraph (7) of subsection (a) of Section 
    24-1 of this
Code.

    (d) This Section does not apply to a peace officer while 
serving as a member of a tactical response team or special 
operations team. A peace officer may not personally own or 
apply for ownership of a device or attachment of any kind 
designed, used, or intended for use in silencing the report of 
any firearm. These devices shall be owned and maintained by 
lawfully recognized units of government whose duties include 
the investigation of criminal acts. 

(Source: P.A. 97-676, eff. 6-1-12.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.