Public Act 099-0816

SB2947 Enrolled LRB099 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.