Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2138 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2138 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/31-1 from Ch. 38, par. 31-1 720 ILCS 5/31-1 from Ch. 38, par. 31-1
4	4	720 ILCS 5/31-1 from Ch. 38, par. 31-1
5	5	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.
6	6	LRB103 27171 RLC 53541 b LRB103 27171 RLC 53541 b
7	7	LRB103 27171 RLC 53541 b
8	8	A BILL FOR
9	9	SB2138LRB103 27171 RLC 53541 b SB2138 LRB103 27171 RLC 53541 b
10	10	SB2138 LRB103 27171 RLC 53541 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 31-1 as follows:
16	16	6 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
17	17	7 Sec. 31-1. Resisting or obstructing a peace officer,
18	18	8 firefighter, or correctional institution employee.
19	19	9 (a) A person who knowingly:
20	20	10 (1) resists arrest, or
21	21	11 (2) obstructs the performance by one known to the
22	22	12 person to be a peace officer, firefighter, or correctional
23	23	13 institution employee of any authorized act within his or
24	24	14 her official capacity commits a Class A misdemeanor.
25	25	15 (a-5) In addition to any other sentence that may be
26	26	16 imposed, a court shall order any person convicted of resisting
27	27	17 or obstructing a peace officer, firefighter, or correctional
28	28	18 institution employee to be sentenced to a minimum of 48
29	29	19 consecutive hours of imprisonment or ordered to perform
30	30	20 community service for not less than 100 hours as may be
31	31	21 determined by the court. The person shall not be eligible for
32	32	22 probation in order to reduce the sentence of imprisonment or
33	33	23 community service.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2138 Introduced 2/10/2023, by Sen. Andrew S. Chesney SYNOPSIS AS INTRODUCED:
38	38	720 ILCS 5/31-1 from Ch. 38, par. 31-1 720 ILCS 5/31-1 from Ch. 38, par. 31-1
39	39	720 ILCS 5/31-1 from Ch. 38, par. 31-1
40	40	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.
41	41	LRB103 27171 RLC 53541 b LRB103 27171 RLC 53541 b
42	42	LRB103 27171 RLC 53541 b
43	43	A BILL FOR
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49	49	720 ILCS 5/31-1 from Ch. 38, par. 31-1
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68	68	1 (a-7) A person convicted for a violation of this Section
69	69	2 whose violation was the proximate cause of an injury to a peace
70	70	3 officer, firefighter, or correctional institution employee is
71	71	4 guilty of a Class 4 felony.
72	72	5 (b) For purposes of this Section, "correctional
73	73	6 institution employee" means any person employed to supervise
74	74	7 and control inmates incarcerated in a penitentiary, State
75	75	8 farm, reformatory, prison, jail, house of correction, police
76	76	9 detention area, half-way house, or other institution or place
77	77	10 for the incarceration or custody of persons under sentence for
78	78	11 offenses or awaiting trial or sentence for offenses, under
79	79	12 arrest for an offense, a violation of probation, a violation
80	80	13 of parole, a violation of aftercare release, a violation of
81	81	14 mandatory supervised release, or awaiting a hearing or
82	82	15 preliminary hearing on setting the conditions of pretrial
83	83	16 release, or who are sexually dangerous persons or who are
84	84	17 sexually violent persons; and "firefighter" means any
85	85	18 individual, either as an employee or volunteer, of a regularly
86	86	19 constituted fire department of a municipality or fire
87	87	20 protection district who performs fire fighting duties,
88	88	21 including, but not limited to, the fire chief, assistant fire
89	89	22 chief, captain, engineer, driver, ladder person, hose person,
90	90	23 pipe person, and any other member of a regularly constituted
91	91	24 fire department. "Firefighter" also means a person employed by
92	92	25 the Office of the State Fire Marshal to conduct arson
93	93	26 investigations.
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104	104	1 (c) It is an affirmative defense to a violation of this
105	105	2 Section if a person resists or obstructs the performance of
106	106	3 one known by the person to be a firefighter by returning to or
107	107	4 remaining in a dwelling, residence, building, or other
108	108	5 structure to rescue or to attempt to rescue any person.
109	109	6 (d) A person shall not be subject to arrest for resisting
110	110	7 arrest under this Section unless there is an underlying
111	111	8 offense for which the person was initially subject to arrest.
112	112	9 (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.)
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