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Legislative Enactment of the Month - October 2019

10/28/2019 3:22:00 PM

HB-0038.         Short Description:  CRIM CD-PLACE OF WORSHIP

STATUS:        Public Act . . . . . . . . . 101-0223.           Effective Date: January 1, 2020.

STATUTES AMENDED: 720 ILCS 5/9-1, 12-2, 12-3.05 & 24-1.

SYNOPSIS: (A) Amends the Criminal Code of 2012.

1.   Provides that it is an aggravating factor in sentencing for first degree murder that the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship.

2.   Provides that assault and battery committed in a church, synagogue, mosque, or other building, structure, or place used for religious worship are enhanced to aggravated assault or aggravated battery.

3.   Provides that the penalty for aggravated assault under this provision is a Class A misdemeanor.

4.   Provides that aggravated battery under this provision is a Class 2 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship.

5.   Provides that a person also commits the offense of unlawful use of weapons when the person knowingly carries or possesses with intent to use the same unlawfully against another any firearm in any church, synagogue, mosque, or other building, structure, or place used for religious worship.

6.   Provides that a violation is a Class 2 felony.

7.   Makes technical changes.

 

TEXT OF CHANGE

[S.H.A. 720 ILCS 5/9–1] (720 ILCS 5/9–1) (from Ch. 38, par. 9–1)

§ 9–1. First degree murder; death penalties; exceptions; separate hearings; proof; findings; appellate procedures; reversals. First degree murder; death penalties; exceptions; separate hearings; proof; findings; appellate procedures; reversals.

(b) Aggravating Factors. A defendant who at the time of the commission of the offense has attained the age of 18 or more and who has been found guilty of first-degree murder may be sentenced to death if:

(22) the murdered individual was a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship.

§ 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, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship.

§ 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:

(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, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship.

Aggravated battery as defined in subdivision (a)(1) is a Class 2 felony when the person causes great bodily harm or permanent disability to an individual whom the person knows to be a member of a congregation engaged in prayer or other religious activities at a church, synagogue, mosque, or other building, structure, or place used for religious worship.

§ 24–1. Unlawful use of weapons.

(a) A person commits the offense of unlawful use of weapons when he knowingly:

(2.5) Carries or possesses with intent to use the same unlawfully against another, any firearm in a church, synagogue, mosque, or other building, structure, or place used for religious worship; or

(b) Sentence. A person convicted of a violation of subsection 24–1(a)(1) through (5), subsection 24–1(a)(10), subsection 24–1(a)(11), or subsection 24–1(a)(13) commits a Class A misdemeanor. A person convicted of a violation of subsection 24–1(a)(8) or 24–1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24–1(a)(6) or 24–1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24–1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1–146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24–1(a)(4), 24–1(a)(8), 24–1(a)(9), or 24–1(a)(10) commits a Class 3 felony. A person convicted of a violation of subsection 24–1(a)(2.5) commits a Class 2 felony. The possession of each weapon in violation of this Section constitutes a single and separate violation.

 

Illinois Prosecutor Services, LLC

Don Hays

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Email: don.ipsllc@gmail.com 


 

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