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91_HB1199
LRB9103696RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-4.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-4.2 as follows:
7 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
8 Sec. 12-4.2. Aggravated Battery with a firearm.
9 (a) A person commits aggravated battery with a firearm
10 when he or she, in committing a battery, knowingly or
11 intentionally by means of the discharging of a firearm:
12 (1) causes any injury to another person, or
13 (2) causes any injury to a person he or she knows to
14 be a peace officer, a community policing volunteer, a
15 correctional institution employee or a fireman while the
16 officer, volunteer, employee or fireman is engaged in the
17 execution of any of his or her official duties, or to
18 prevent the officer, volunteer, employee or fireman from
19 performing his or her official duties, or in retaliation
20 for the officer, volunteer, employee or fireman
21 performing his or her official duties, or
22 (3) causes any injury to a person he or she knows
23 to be an emergency medical technician - ambulance,
24 emergency medical technician - intermediate, emergency
25 medical technician - paramedic, ambulance driver, or
26 other medical assistance or first aid personnel, employed
27 by a municipality or other governmental unit, while the
28 emergency medical technician - ambulance, emergency
29 medical technician - intermediate, emergency medical
30 technician - paramedic, ambulance driver, or other
31 medical assistance or first aid personnel is engaged in
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1 the execution of any of his or her official duties, or to
2 prevent the emergency medical technician - ambulance,
3 emergency medical technician - intermediate, emergency
4 medical technician - paramedic, ambulance driver, or
5 other medical assistance or first aid personnel from
6 performing his or her official duties, or in retaliation
7 for the emergency medical technician - ambulance,
8 emergency medical technician - intermediate, emergency
9 medical technician - paramedic, ambulance driver, or
10 other medical assistance or first aid personnel
11 performing his or her official duties; or
12 (4) causes any injury to a person he or she knows,
13 or reasonably should know, to be a student, teacher, or
14 other person employed by a school or school district
15 while that person is in a school, on the real property
16 comprising a school, within 1,000 feet of the real
17 property comprising a school, at a school related
18 activity, on or within 1,000 feet of any conveyance
19 owned, leased, or contracted by a school or school
20 district to transport students to or from school or a
21 school related activity regardless of the time of day or
22 time of year that the offense was committed.
23 (b) A violation of subsection (a) (1) of this Section is
24 a Class X felony. A violation of subsection (a)(2), or
25 subsection (a) (3), or subsection (a)(4) of this Section is a
26 Class X felony for which the sentence shall be a term of
27 imprisonment of no less than 15 years and no more than 60
28 years.
29 (c) For purposes of this Section: ,
30 "Firearm" is defined as in the Firearm Owners
31 Identification Card Act.
32 "School" means a public or private elementary or
33 secondary school, community college, college, or university.
34 "School related activity" means any sporting, social,
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1 academic or other activity for which students' attendance or
2 participation is sponsored, organized, or funded in whole or
3 in part by a school or school district. "An Act relating to
4 the acquisition, possession and transfer of firearms and
5 firearm ammunition, to provide a penalty for the violation
6 thereof and to make an appropriation in connection
7 therewith", approved August 1, 1967, as amended.
8 (Source: P.A. 90-651, eff. 1-1-99.)