103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2138 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: 720 ILCS 5/31-1 from Ch. 38, par. 31-1 Amends the Criminal Code of 2012. Deletes the mental state of "knowingly" from the elements of the offense of resisting or obstructing a peace officer, firefighter, or correctional institution employee. LRB103 27171 RLC 53541 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2138 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED: 720 ILCS 5/31-1 from Ch. 38, par. 31-1 720 ILCS 5/31-1 from Ch. 38, par. 31-1 Amends the Criminal Code of 2012. Deletes the mental state of "knowingly" from the elements of the offense of resisting or obstructing a peace officer, firefighter, or correctional institution employee. LRB103 27171 RLC 53541 b LRB103 27171 RLC 53541 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2138 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
720 ILCS 5/31-1 from Ch. 38, par. 31-1 720 ILCS 5/31-1 from Ch. 38, par. 31-1
720 ILCS 5/31-1 from Ch. 38, par. 31-1
Amends the Criminal Code of 2012. Deletes the mental state of "knowingly" from the elements of the offense of resisting or obstructing a peace officer, firefighter, or correctional institution employee.
LRB103 27171 RLC 53541 b LRB103 27171 RLC 53541 b
LRB103 27171 RLC 53541 b
A BILL FOR
SB2138LRB103 27171 RLC 53541 b SB2138 LRB103 27171 RLC 53541 b
SB2138 LRB103 27171 RLC 53541 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5 changing Section 31-1 as follows:
6 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
7 Sec. 31-1. Resisting or obstructing a peace officer,
8 firefighter, or correctional institution employee.
9 (a) A person who knowingly:
10 (1) resists arrest, or
11 (2) obstructs the performance by one known to the
12 person to be a peace officer, firefighter, or correctional
13 institution employee of any authorized act within his or
14 her official capacity commits a Class A misdemeanor.
15 (a-5) In addition to any other sentence that may be
16 imposed, a court shall order any person convicted of resisting
17 or obstructing a peace officer, firefighter, or correctional
18 institution employee to be sentenced to a minimum of 48
19 consecutive hours of imprisonment or ordered to perform
20 community service for not less than 100 hours as may be
21 determined by the court. The person shall not be eligible for
22 probation in order to reduce the sentence of imprisonment or
23 community service.
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2138 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
720 ILCS 5/31-1 from Ch. 38, par. 31-1 720 ILCS 5/31-1 from Ch. 38, par. 31-1
720 ILCS 5/31-1 from Ch. 38, par. 31-1
Amends the Criminal Code of 2012. Deletes the mental state of "knowingly" from the elements of the offense of resisting or obstructing a peace officer, firefighter, or correctional institution employee.
LRB103 27171 RLC 53541 b LRB103 27171 RLC 53541 b
LRB103 27171 RLC 53541 b
A BILL FOR
720 ILCS 5/31-1 from Ch. 38, par. 31-1
LRB103 27171 RLC 53541 b
SB2138 LRB103 27171 RLC 53541 b
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SB2138 - 2 - LRB103 27171 RLC 53541 b
1 (a-7) A person convicted for a violation of this Section
2 whose violation was the proximate cause of an injury to a peace
3 officer, firefighter, or correctional institution employee is
4 guilty of a Class 4 felony.
5 (b) For purposes of this Section, "correctional
6 institution employee" means any person employed to supervise
7 and control inmates incarcerated in a penitentiary, State
8 farm, reformatory, prison, jail, house of correction, police
9 detention area, half-way house, or other institution or place
10 for the incarceration or custody of persons under sentence for
11 offenses or awaiting trial or sentence for offenses, under
12 arrest for an offense, a violation of probation, a violation
13 of parole, a violation of aftercare release, a violation of
14 mandatory supervised release, or awaiting a hearing or
15 preliminary hearing on setting the conditions of pretrial
16 release, or who are sexually dangerous persons or who are
17 sexually violent persons; and "firefighter" means any
18 individual, either as an employee or volunteer, of a regularly
19 constituted fire department of a municipality or fire
20 protection district who performs fire fighting duties,
21 including, but not limited to, the fire chief, assistant fire
22 chief, captain, engineer, driver, ladder person, hose person,
23 pipe person, and any other member of a regularly constituted
24 fire department. "Firefighter" also means a person employed by
25 the Office of the State Fire Marshal to conduct arson
26 investigations.
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1 (c) It is an affirmative defense to a violation of this
2 Section if a person resists or obstructs the performance of
3 one known by the person to be a firefighter by returning to or
4 remaining in a dwelling, residence, building, or other
5 structure to rescue or to attempt to rescue any person.
6 (d) A person shall not be subject to arrest for resisting
7 arrest under this Section unless there is an underlying
8 offense for which the person was initially subject to arrest.
9 (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.)
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