CHAPTER 720, ILCS 5/ - CRIMINAL CODE DIVISION I

720 ILCS 5/31-1a

Sec. 31-1a. Disarming a peace officer or correctional institution employee.

Illinois Compiled Statute
720 ILCS 5/31-1a
Offense Description
Disarming a peace officer
Offense Classification
Class 2 Felony
Statutory Penalties & Sentencing Scope
3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000
Supreme Court Rule 551 Mandatory Court Appearance
Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.
SAFE-T Act Pretrial Detention Eligibility (725 ILCS 5/110-6.1)
Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.
Secretary of State Driver's License Action
Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.
EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules

Under Illinois law, 720 ILCS 5/31-1a (Disarming a peace officer) is classified as a Class 2 Felony. Statutory sentencing scope: 3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000. Court appearance is mandatory under Illinois Supreme Court Rule 551, and pretrial release is presumptively release-eligible under the SAFE-T Act.

Offense Class & Sentencing Scope Class 2 Felony

3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000

Court Appearance Mandate Rule 551 Mandatory Court

Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Class 2 Felony
Court Appearance Mandatory Court Appearance (Rule 551)
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code None Assigned
Search in Live Workstation ➔ Official ILGA Statute (ilga.gov) ->

Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code Official ILGA
Disarming a peace officer Official ILGA · 720 ILCS 5/31-1a -> Class 2 Felony Rule 551 Mandate Release Eligible — ILGA.gov ->

Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov ->

Sec. 31-1a. Disarming a peace officer or correctional institution employee.

(a)

(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)

(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.)

Frequently Asked Questions & Legal Analysis

Authoritative Statutory Guidance
What is the statutory penalty and sentencing range for 720 ILCS 5/31-1a in Illinois?

Under Illinois law, 720 ILCS 5/31-1a (Disarming a peace officer) is classified as a Class 2 Felony.

Sentencing Scope: 3 to 7 years IDOC (Probation eligible unless aggravated) · Fine up to $25,000

Is a court appearance mandatory for 720 ILCS 5/31-1a under Illinois Supreme Court Rule 551?

Mandatory Personal Appearance Required: Under Illinois Supreme Court Rule 551, personal court appearance before a judge is mandatory. The defendant cannot satisfy this charge by mail, electronic payment, or pre-set bail forfeiture.

Is an individual accused of 720 ILCS 5/31-1a detainable before trial under the SAFE-T Act?

Presumptive Pretrial Release: Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

What Secretary of State driver's license sanctions apply to 720 ILCS 5/31-1a?

Standard Administrative Protocol: No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Official Legal Citation Formats

Legal & Academic Reference

Standardized legal citations for briefs, court pleadings, law enforcement documentation, and academic research.

Illinois Supreme Court Citation 720 ILCS 5/31-1a (West 2026)
The Bluebook Style (21st ed.) 720 Ill. Comp. Stat. 5/31-1a (2026)
Canonical Web Reference https://ilcsindex.com/statutes/720-ilcs-5-31-1a
Cross-Referenced ILCS Codes
720 ILCS 5/31-1

Resisting or obstructing a peace officer

Class A Misdemeanor
720 ILCS 5/31-3

Obstructing service of process

Class A Misdemeanor
720 ILCS 5/31-4
Rule 551

Obstructing justice

Class 4 Felony
720 ILCS 5/31-4.5
Rule 551

Obstructing identification

Class 4 Felony