ILCS » Chapter 720 · Act 5
Illinois Compiled Statutes

720 ILCS 5/31-1a (2026)

Disarming a peace officer or correctional institution employee

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(720 ILCS 5/31-1a) (from Ch. 38, par. 31-1a)
    Sec. 31-1a. Disarming a peace officer or correctional institution employee.
    (a) A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31-1, takes a weapon from a person known to him or her to be a peace officer or correctional institution employee, while the peace officer or correctional institution employee is engaged in the performance of his or her official duties or from an area within the peace officer's or correctional institution employee's immediate presence is guilty of a Class 1 felony.
    (b) A person who, without the consent of a peace officer or correctional institution employee as defined in subsection (b) of Section 31-1, attempts to take a weapon from a person known to him or her to be a peace officer or correctional institution employee, while the peace officer or correctional institution employee is engaged in the performance of his or her official duties or from an area within the peace officer's or correctional institution employee's immediate presence is guilty of a Class 2 felony.
(Source: P.A. 96-348, eff. 8-12-09.)

    
Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 2006–2024 · leading case: People v. Thompson, 853 N.E.2d 378 (Ill. 2006).
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People v. Thompson, 853 N.E.2d 378 (Ill. 2006). “2(a)(3) (West 2002)), one count of disarming a police officer (720 ILCS 5/31-1a (West 2002)), and one count of criminal damage to property (720 ILCS 5/21-1(1)(a) (West 2002)).”
People v. Turner, 2024 IL App (4th) 230641, 252 N.E.3d 372. · cites it 2× “1, 2004)); before that time, the statute only prohibited “taking a firearm” from a peace officer (720 ILCS 5/31-1a (West 2002)). This “statutory amendment creates a presumption that it was intended to change existing law” (People v.”
People v. Dorsey, 2016 IL App (4th) 140734, 66 N.E.3d 914. “t I) (720 ILCS 5/19-6(a)(1) (West 2012)); (2) home invasion for entering Convis’s home, remaining there after knowing someone was present, and intentionally injuring Normal police officer Ronald Stoll, who was inside (count II) (720 ILCS 5/19-6(a)(2) (West 2012)); and (3)…”
People v. Dorsey, 2016 IL App (4th) 140734. “t I) (720 ILCS 5/19-6(a)(1) (West 2012)); (2) home invasion for entering Convis’s home, remaining there after knowing someone was present, and intentionally injuring Normal police officer Ronald Stoll, who was inside (count II) (720 ILCS 5/19-6(a)(2) (West 2012)); and (3)…”
People v. Townes, 2024 IL App (4th) 231274-U. “7(a) (West 2022)); armed violence (count III) (720 ILCS 5/33A-2(a) (West 2022)); attempted disarming of a peace officer (firing officer’s holstered service weapon) (count IV) (720 ILCS 5/31-1a(b) (West 2022)); attempted disarming of a peace officer (grabbing the officer’s taser)…”
People v. Wishard, No. 4-08-0712 Rel (Ill. App. Ct. 4th Dist. Dec. 15, 2009). · cites it 4× “Wishard, pleaded guilty to attempt (residential burglary) (720 ILCS 5/8-4(a), 19-3(a) (West 2006)), aggravated battery (720 ILCS 5/12-4(b)(18) (West 2006)), and disarming a peace officer (720 ILCS 5/31-1a (West 2006)) and the trial court sentenced him to a total of 14 years in…”
People v. Power, 2019 IL App (1st) 172389-U. · cites it 2× “On appeal, defendant contends that his conviction for resisting or No.”
People v. Drum, 2021 IL App (4th) 180798-U. “17-CF-142), the State charged defendant with single counts of (1) methamphetamine possession (720 ILCS 646/60(a) (West 2016)), (2) resisting a peace officer (720 ILCS 5/31-1(a-7) (West 2016)), (3) attempting to disarm a peace officer (720 ILCS 5/31-1a(b) (West 2016)), and (4)…”
720 ILCS 5/31-1a(a): 3 cases
People v. Dorsey, 2016 IL App (4th) 140734, 66 N.E.3d 914. “t I) (720 ILCS 5/19-6(a)(1) (West 2012)); (2) home invasion for entering Convis’s home, remaining there after knowing someone was present, and intentionally injuring Normal police officer Ronald Stoll, who was inside (count II) (720 ILCS 5/19-6(a)(2) (West 2012)); and (3)…”
People v. Turner, 2024 IL App (4th) 230641, 252 N.E.3d 372. “1, 2004)); before that time, the statute only prohibited “taking a firearm” from a peace officer (720 ILCS 5/31-1a (West 2002)). This “statutory amendment creates a presumption that it was intended to change existing law” (People v.”
People v. Dorsey, 2016 IL App (4th) 140734. “t I) (720 ILCS 5/19-6(a)(1) (West 2012)); (2) home invasion for entering Convis’s home, remaining there after knowing someone was present, and intentionally injuring Normal police officer Ronald Stoll, who was inside (count II) (720 ILCS 5/19-6(a)(2) (West 2012)); and (3)…”
720 ILCS 5/31-1a(b): 3 cases
People v. Townes, 2024 IL App (4th) 231274-U. “7(a) (West 2022)); armed violence (count III) (720 ILCS 5/33A-2(a) (West 2022)); attempted disarming of a peace officer (firing officer’s holstered service weapon) (count IV) (720 ILCS 5/31-1a(b) (West 2022)); attempted disarming of a peace officer (grabbing the officer’s taser)…”
People v. Power, 2019 IL App (1st) 172389-U. “On appeal, defendant contends that his conviction for resisting or No.”
People v. Drum, 2021 IL App (4th) 180798-U. “17-CF-142), the State charged defendant with single counts of (1) methamphetamine possession (720 ILCS 646/60(a) (West 2016)), (2) resisting a peace officer (720 ILCS 5/31-1(a-7) (West 2016)), (3) attempting to disarm a peace officer (720 ILCS 5/31-1a(b) (West 2016)), and (4)…”
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