Public Act 90-0138 of the 90th General Assembly

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Public Act 90-0138

SB738 Enrolled                                 LRB9002577RCcc

    AN ACT to amend the Criminal Code  of  1961  by  changing
Section 7-8.

    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 7-8 as follows:

    (720 ILCS 5/7-8) (from Ch. 38, par. 7-8)
    Sec.  7-8.  Force  likely  to cause death or great bodily
harm.
    (a)  Force which is likely to cause death or great bodily
harm, within the meaning of Sections 7--5 and 7--6 includes:
         (1)  The firing of a firearm in the direction of the
    person to be arrested, even though no  intent  exists  to
    kill or inflict great bodily harm; and
         (2)  The  firing  of a firearm at a vehicle in which
    the person to be arrested is riding.
    (b)  A peace  officer's  discharge  of  a  firearm  using
ammunition  designed  to  disable  or  control  an individual
without creating the likelihood of death or great bodily harm
shall not be considered force likely to cause death or  great
bodily harm within the meaning of Sections 7-5 and 7-6.
(Source: Laws 1961, p. 1983.)

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