Sen. Kwame Raoul
Filed: 4/4/2017
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1 | AMENDMENT TO SENATE BILL 1842
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2 | AMENDMENT NO. ______. Amend Senate Bill 1842 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Sections 10-2, 12-2, 12-3.05, and 24-1 as follows:
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6 | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
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7 | Sec. 10-2. Aggravated kidnaping.
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8 | (a) A person commits the offense of
aggravated kidnaping | ||||||
9 | when he or she commits kidnapping and:
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10 | (1) kidnaps with the intent to obtain ransom from the | ||||||
11 | person
kidnaped or from any other person;
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12 | (2) takes as his or her victim a child under the age of | ||||||
13 | 13 years, or a person with a severe or profound | ||||||
14 | intellectual disability;
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15 | (3) inflicts great bodily harm, other than by the | ||||||
16 | discharge of a
firearm, or commits another felony upon his |
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1 | or her
victim;
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2 | (4) affixes or manipulates a mask, cloth, or garment in | ||||||
3 | order to conceal his or her identity wears a hood, robe, or | ||||||
4 | mask or conceals his or her identity ;
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5 | (5) commits the offense of kidnaping while armed with a | ||||||
6 | dangerous
weapon, other than a firearm, as defined in | ||||||
7 | Section 33A-1 of this
Code;
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8 | (6) commits the offense of kidnaping while armed with a | ||||||
9 | firearm;
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10 | (7) during the commission of the offense of kidnaping, | ||||||
11 | personally
discharges a firearm; or
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12 | (8) during the commission of the offense of kidnaping, | ||||||
13 | personally discharges
a firearm that proximately causes | ||||||
14 | great bodily harm, permanent
disability, permanent | ||||||
15 | disfigurement, or death to another person.
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16 | As used in this Section, "ransom" includes money, benefit, | ||||||
17 | or other
valuable thing or concession.
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18 | (b) Sentence. Aggravated kidnaping
in violation of | ||||||
19 | paragraph (1), (2), (3), (4), or (5) of subsection (a)
is a | ||||||
20 | Class X felony.
A violation of subsection (a)(6) is a Class X | ||||||
21 | felony for which 15 years
shall be added to the term of | ||||||
22 | imprisonment imposed by the court. A violation of
subsection | ||||||
23 | (a)(7) is a Class X felony for which 20 years shall be added to | ||||||
24 | the
term of imprisonment imposed by the court. A violation of | ||||||
25 | subsection (a)(8) is
a Class X felony for which 25 years or up | ||||||
26 | to a term of natural life shall be
added to the term of |
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1 | imprisonment imposed by the court. An offender under the age of | ||||||
2 | 18 years at the time of the commission of aggravated kidnaping | ||||||
3 | in violation of paragraphs (1) through (8) of subsection (a) | ||||||
4 | shall be sentenced under Section 5-4.5-105 of the Unified Code | ||||||
5 | of Corrections.
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6 | A person who has attained the age of 18 years at the time | ||||||
7 | of the commission of the offense and who is convicted of a | ||||||
8 | second or subsequent offense of
aggravated kidnaping shall be | ||||||
9 | sentenced to a term of natural life imprisonment; except
that a | ||||||
10 | sentence of natural life imprisonment shall not be
imposed | ||||||
11 | under this Section unless the second or subsequent offense was
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12 | committed after conviction on the first offense. An offender | ||||||
13 | under the age of 18 years at the time of the commission of the | ||||||
14 | second or subsequent offense shall be sentenced under Section | ||||||
15 | 5-4.5-105 of the Unified Code of Corrections.
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16 | (Source: P.A. 99-69, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | ||||||
17 | eff. 7-28-16.)
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18 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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19 | Sec. 12-2. Aggravated assault.
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20 | (a) Offense based on location of conduct. A person commits | ||||||
21 | aggravated assault when he or she commits an assault against an | ||||||
22 | individual who is on or about a public way, public property, a | ||||||
23 | public place of accommodation or amusement, or a sports venue. | ||||||
24 | (b) Offense based on status of victim. A person commits | ||||||
25 | aggravated assault when, in committing an assault, he or she |
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1 | knows the individual assaulted to be any of the following: | ||||||
2 | (1) A person with a physical disability or a person 60 | ||||||
3 | years of age or older and the assault is without legal | ||||||
4 | justification. | ||||||
5 | (2) A teacher or school employee upon school grounds or | ||||||
6 | grounds adjacent to a school or in any part of a building | ||||||
7 | used for school purposes. | ||||||
8 | (3) A park district employee upon park grounds or | ||||||
9 | grounds adjacent to a park or in any part of a building | ||||||
10 | used for park purposes. | ||||||
11 | (4) A community policing volunteer, private security | ||||||
12 | officer, or utility worker: | ||||||
13 | (i) performing his or her official duties; | ||||||
14 | (ii) assaulted to prevent performance of his or her | ||||||
15 | official duties; or | ||||||
16 | (iii) assaulted in retaliation for performing his | ||||||
17 | or her official duties. | ||||||
18 | (4.1) A peace officer, fireman, emergency management | ||||||
19 | worker, or emergency medical services personnel: | ||||||
20 | (i) performing his or her official duties; | ||||||
21 | (ii) assaulted to prevent performance of his or her | ||||||
22 | official duties; or | ||||||
23 | (iii) assaulted in retaliation for performing his | ||||||
24 | or her official duties. | ||||||
25 | (5) A correctional officer or probation officer: | ||||||
26 | (i) performing his or her official duties; |
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1 | (ii) assaulted to prevent performance of his or her | ||||||
2 | official duties; or | ||||||
3 | (iii) assaulted in retaliation for performing his | ||||||
4 | or her official duties. | ||||||
5 | (6) A correctional institution employee, a county | ||||||
6 | juvenile detention center employee who provides direct and | ||||||
7 | continuous supervision of residents of a juvenile | ||||||
8 | detention center, including a county juvenile detention | ||||||
9 | center employee who supervises recreational activity for | ||||||
10 | residents of a juvenile detention center, or a Department | ||||||
11 | of Human Services employee, Department of Human Services | ||||||
12 | officer, or employee of a subcontractor of the Department | ||||||
13 | of Human Services supervising or controlling sexually | ||||||
14 | dangerous persons or sexually violent persons: | ||||||
15 | (i) performing his or her official duties; | ||||||
16 | (ii) assaulted to prevent performance of his or her | ||||||
17 | official duties; or | ||||||
18 | (iii) assaulted in retaliation for performing his | ||||||
19 | or her official duties. | ||||||
20 | (7) An employee of the State of Illinois, a municipal | ||||||
21 | corporation therein, or a political subdivision thereof, | ||||||
22 | performing his or her official duties. | ||||||
23 | (8) A transit employee performing his or her official | ||||||
24 | duties, or a transit passenger. | ||||||
25 | (9) A sports official or coach actively participating | ||||||
26 | in any level of athletic competition within a sports venue, |
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1 | on an indoor playing field or outdoor playing field, or | ||||||
2 | within the immediate vicinity of such a facility or field. | ||||||
3 | (10) A person authorized to serve process under Section | ||||||
4 | 2-202 of the Code of Civil Procedure or a special process | ||||||
5 | server appointed by the circuit court, while that | ||||||
6 | individual is in the performance of his or her duties as a | ||||||
7 | process server. | ||||||
8 | (c) Offense based on use of firearm, device, or motor | ||||||
9 | vehicle. A person commits aggravated assault when, in | ||||||
10 | committing an assault, he or she does any of the following: | ||||||
11 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
12 | Section 24.8-0.1 of this Act, or any device manufactured | ||||||
13 | and designed to be substantially similar in appearance to a | ||||||
14 | firearm, other than by discharging a firearm. | ||||||
15 | (2) Discharges a firearm, other than from a motor | ||||||
16 | vehicle. | ||||||
17 | (3) Discharges a firearm from a motor vehicle. | ||||||
18 | (4) Affixes or manipulates a mask, cloth, or garment in | ||||||
19 | order to conceal his or her identity Wears a hood, robe, or | ||||||
20 | mask to conceal his or her identity . | ||||||
21 | (5) Knowingly and without lawful justification shines | ||||||
22 | or flashes a laser gun sight or other laser device attached | ||||||
23 | to a firearm, or used in concert with a firearm, so that | ||||||
24 | the laser beam strikes near or in the immediate vicinity of | ||||||
25 | any person. | ||||||
26 | (6) Uses a firearm, other than by discharging the |
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1 | firearm, against a peace officer, community policing | ||||||
2 | volunteer, fireman, private security officer, emergency | ||||||
3 | management worker, emergency medical services personnel, | ||||||
4 | employee of a police department, employee of a sheriff's | ||||||
5 | department, or traffic control municipal employee: | ||||||
6 | (i) performing his or her official duties; | ||||||
7 | (ii) assaulted to prevent performance of his or her | ||||||
8 | official duties; or | ||||||
9 | (iii) assaulted in retaliation for performing his | ||||||
10 | or her official duties. | ||||||
11 | (7) Without justification operates a motor vehicle in a | ||||||
12 | manner which places a person, other than a person listed in | ||||||
13 | subdivision (b)(4), in reasonable apprehension of being | ||||||
14 | struck by the moving motor vehicle. | ||||||
15 | (8) Without justification operates a motor vehicle in a | ||||||
16 | manner which places a person listed in subdivision (b)(4), | ||||||
17 | in reasonable apprehension of being struck by the moving | ||||||
18 | motor vehicle. | ||||||
19 | (9) Knowingly video or audio records the offense with | ||||||
20 | the intent to disseminate the recording. | ||||||
21 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
22 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
23 | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | ||||||
24 | aggravated assault as defined in subdivision (b)(4) and (b)(7) | ||||||
25 | is a Class 4 felony if a Category I, Category II, or Category | ||||||
26 | III weapon is used in the commission of the assault. Aggravated |
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1 | assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), | ||||||
2 | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||||||
3 | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||||||
4 | is a Class 3 felony. | ||||||
5 | (e) For the purposes of this Section, "Category I weapon", | ||||||
6 | "Category II weapon, and "Category III weapon" have the | ||||||
7 | meanings ascribed to those terms in Section 33A-1 of this Code.
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8 | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, | ||||||
9 | eff. 7-27-15; 99-256, eff. 1-1-16; 99-642, eff. 7-28-16; | ||||||
10 | 99-816, eff. 8-15-16.)
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11 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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12 | Sec. 12-3.05. Aggravated battery.
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13 | (a) Offense based on injury. A person commits aggravated | ||||||
14 | battery when, in committing a battery, other than by the | ||||||
15 | discharge of a firearm, he or she knowingly does any of the | ||||||
16 | following: | ||||||
17 | (1) Causes great bodily harm or permanent disability or | ||||||
18 | disfigurement. | ||||||
19 | (2) Causes severe and permanent disability, great | ||||||
20 | bodily harm, or disfigurement by means of a caustic or | ||||||
21 | flammable substance, a poisonous gas, a deadly biological | ||||||
22 | or chemical contaminant or agent, a radioactive substance, | ||||||
23 | or a bomb or explosive compound. | ||||||
24 | (3) Causes great bodily harm or permanent disability or | ||||||
25 | disfigurement to an individual whom the person knows to be |
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1 | a peace officer, community policing volunteer, fireman, | ||||||
2 | private security officer, correctional institution | ||||||
3 | employee, or Department of Human Services employee | ||||||
4 | supervising or controlling sexually dangerous persons or | ||||||
5 | sexually violent persons: | ||||||
6 | (i) performing his or her official duties; | ||||||
7 | (ii) battered to prevent performance of his or her | ||||||
8 | official duties; or | ||||||
9 | (iii) battered in retaliation for performing his | ||||||
10 | or her official duties. | ||||||
11 | (4) Causes great bodily harm or permanent disability or | ||||||
12 | disfigurement to an individual 60 years of age or older. | ||||||
13 | (5) Strangles another individual. | ||||||
14 | (b) Offense based on injury to a child or person with an | ||||||
15 | intellectual disability. A person who is at least 18 years of | ||||||
16 | age commits aggravated battery when, in committing a battery, | ||||||
17 | he or she knowingly and without legal justification by any | ||||||
18 | means: | ||||||
19 | (1) causes great bodily harm or permanent disability or | ||||||
20 | disfigurement to any child under the age of 13 years, or to | ||||||
21 | any person with a severe or profound intellectual | ||||||
22 | disability; or | ||||||
23 | (2) causes bodily harm or disability or disfigurement | ||||||
24 | to any child under the age of 13 years or to any person | ||||||
25 | with a severe or profound intellectual disability. | ||||||
26 | (c) Offense based on location of conduct. A person commits |
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1 | aggravated battery when, in committing a battery, other than by | ||||||
2 | the discharge of a firearm, he or she is or the person battered | ||||||
3 | is on or about a public way, public property, a public place of | ||||||
4 | accommodation or amusement, a sports venue, or a domestic | ||||||
5 | violence shelter. | ||||||
6 | (d) Offense based on status of victim. A person commits | ||||||
7 | aggravated battery when, in committing a battery, other than by | ||||||
8 | discharge of a firearm, he or she knows the individual battered | ||||||
9 | to be any of the following: | ||||||
10 | (1) A person 60 years of age or older. | ||||||
11 | (2) A person who is pregnant or has a physical | ||||||
12 | disability. | ||||||
13 | (3) A teacher or school employee upon school grounds or | ||||||
14 | grounds adjacent to a school or in any part of a building | ||||||
15 | used for school purposes. | ||||||
16 | (4) A peace officer, community policing volunteer, | ||||||
17 | fireman, private security officer, correctional | ||||||
18 | institution employee, or Department of Human Services | ||||||
19 | employee supervising or controlling sexually dangerous | ||||||
20 | persons or sexually violent persons: | ||||||
21 | (i) performing his or her official duties; | ||||||
22 | (ii) battered to prevent performance of his or her | ||||||
23 | official duties; or | ||||||
24 | (iii) battered in retaliation for performing his | ||||||
25 | or her official duties. | ||||||
26 | (5) A judge, emergency management worker, emergency |
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1 | medical services personnel, or utility worker: | ||||||
2 | (i) performing his or her official duties; | ||||||
3 | (ii) battered to prevent performance of his or her | ||||||
4 | official duties; or | ||||||
5 | (iii) battered in retaliation for performing his | ||||||
6 | or her official duties. | ||||||
7 | (6) An officer or employee of the State of Illinois, a | ||||||
8 | unit of local government, or a school district, while | ||||||
9 | performing his or her official duties. | ||||||
10 | (7) A transit employee performing his or her official | ||||||
11 | duties, or a transit passenger. | ||||||
12 | (8) A taxi driver on duty. | ||||||
13 | (9) A merchant who detains the person for an alleged | ||||||
14 | commission of retail theft under Section 16-26 of this Code | ||||||
15 | and the person without legal justification by any means | ||||||
16 | causes bodily harm to the merchant. | ||||||
17 | (10) A person authorized to serve process under Section | ||||||
18 | 2-202 of the Code of Civil Procedure or a special process | ||||||
19 | server appointed by the circuit court while that individual | ||||||
20 | is in the performance of his or her duties as a process | ||||||
21 | server. | ||||||
22 | (11) A nurse while in the performance of his or her | ||||||
23 | duties as a nurse. | ||||||
24 | (e) Offense based on use of a firearm. A person commits | ||||||
25 | aggravated battery when, in committing a battery, he or she | ||||||
26 | knowingly does any of the following: |
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1 | (1) Discharges a firearm, other than a machine gun or a | ||||||
2 | firearm equipped with a silencer, and causes any injury to | ||||||
3 | another person. | ||||||
4 | (2) Discharges a firearm, other than a machine gun or a | ||||||
5 | firearm equipped with a silencer, and causes any injury to | ||||||
6 | a person he or she knows to be a peace officer, community | ||||||
7 | policing volunteer, person summoned by a police officer, | ||||||
8 | fireman, private security officer, correctional | ||||||
9 | institution employee, or emergency management worker: | ||||||
10 | (i) performing his or her official duties; | ||||||
11 | (ii) battered to prevent performance of his or her | ||||||
12 | official duties; or | ||||||
13 | (iii) battered in retaliation for performing his | ||||||
14 | or her official duties. | ||||||
15 | (3) Discharges a firearm, other than a machine gun or a | ||||||
16 | firearm equipped with a silencer, and causes any injury to | ||||||
17 | a person he or she knows to be emergency medical services | ||||||
18 | personnel: | ||||||
19 | (i) performing his or her official duties; | ||||||
20 | (ii) battered to prevent performance of his or her | ||||||
21 | official duties; or | ||||||
22 | (iii) battered in retaliation for performing his | ||||||
23 | or her official duties. | ||||||
24 | (4) Discharges a firearm and causes any injury to a | ||||||
25 | person he or she knows to be a teacher, a student in a | ||||||
26 | school, or a school employee, and the teacher, student, or |
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1 | employee is upon school grounds or grounds adjacent to a | ||||||
2 | school or in any part of a building used for school | ||||||
3 | purposes. | ||||||
4 | (5) Discharges a machine gun or a firearm equipped with | ||||||
5 | a silencer, and causes any injury to another person. | ||||||
6 | (6) Discharges a machine gun or a firearm equipped with | ||||||
7 | a silencer, and causes any injury to a person he or she | ||||||
8 | knows to be a peace officer, community policing volunteer, | ||||||
9 | person summoned by a police officer, fireman, private | ||||||
10 | security officer, correctional institution employee or | ||||||
11 | emergency management worker: | ||||||
12 | (i) performing his or her official duties; | ||||||
13 | (ii) battered to prevent performance of his or her | ||||||
14 | official duties; or | ||||||
15 | (iii) battered in retaliation for performing his | ||||||
16 | or her official duties. | ||||||
17 | (7) Discharges a machine gun or a firearm equipped with | ||||||
18 | a silencer, and causes any injury to a person he or she | ||||||
19 | knows to be emergency medical services personnel: | ||||||
20 | (i) performing his or her official duties; | ||||||
21 | (ii) battered to prevent performance of his or her | ||||||
22 | official duties; or | ||||||
23 | (iii) battered in retaliation for performing his | ||||||
24 | or her official duties. | ||||||
25 | (8) Discharges a machine gun or a firearm equipped with | ||||||
26 | a silencer, and causes any injury to a person he or she |
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1 | knows to be a teacher, or a student in a school, or a | ||||||
2 | school employee, and the teacher, student, or employee is | ||||||
3 | upon school grounds or grounds adjacent to a school or in | ||||||
4 | any part of a building used for school purposes. | ||||||
5 | (f) Offense based on use of a weapon or device. A person | ||||||
6 | commits aggravated battery when, in committing a battery, he or | ||||||
7 | she does any of the following: | ||||||
8 | (1) Uses a deadly weapon other than by discharge of a | ||||||
9 | firearm, or uses an air rifle as defined in Section | ||||||
10 | 24.8-0.1 of this Code. | ||||||
11 | (2) Affixes or manipulates a mask, cloth, or garment in | ||||||
12 | order to conceal his or her identity Wears a hood, robe, or | ||||||
13 | mask to conceal his or her identity . | ||||||
14 | (3) Knowingly and without lawful justification shines | ||||||
15 | or flashes a laser gunsight or other laser device attached | ||||||
16 | to a firearm, or used in concert with a firearm, so that | ||||||
17 | the laser beam strikes upon or against the person of | ||||||
18 | another. | ||||||
19 | (4) Knowingly video or audio records the offense with | ||||||
20 | the intent to disseminate the recording. | ||||||
21 | (g) Offense based on certain conduct. A person commits | ||||||
22 | aggravated battery when, other than by discharge of a firearm, | ||||||
23 | he or she does any of the following: | ||||||
24 | (1) Violates Section 401 of the Illinois Controlled | ||||||
25 | Substances Act by unlawfully delivering a controlled | ||||||
26 | substance to another and any user experiences great bodily |
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1 | harm or permanent disability as a result of the injection, | ||||||
2 | inhalation, or ingestion of any amount of the controlled | ||||||
3 | substance. | ||||||
4 | (2) Knowingly administers to an individual or causes | ||||||
5 | him or her to take, without his or her consent or by threat | ||||||
6 | or deception, and for other than medical purposes, any | ||||||
7 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
8 | or controlled substance, or gives to another person any | ||||||
9 | food containing any substance or object intended to cause | ||||||
10 | physical injury if eaten. | ||||||
11 | (3) Knowingly causes or attempts to cause a | ||||||
12 | correctional institution employee or Department of Human | ||||||
13 | Services employee to come into contact with blood, seminal | ||||||
14 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
15 | the fluid or material, and the person is an inmate of a | ||||||
16 | penal institution or is a sexually dangerous person or | ||||||
17 | sexually violent person in the custody of the Department of | ||||||
18 | Human Services. | ||||||
19 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
20 | battery is a Class 3 felony. | ||||||
21 | Aggravated battery as defined in subdivision (a)(4), | ||||||
22 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
23 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
24 | (g)(1) is a Class 1 felony. | ||||||
25 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
26 | Class 1 felony when the aggravated battery was intentional and |
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1 | involved the infliction of torture, as defined in paragraph | ||||||
2 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
3 | infliction of or subjection to extreme physical pain, motivated | ||||||
4 | by an intent to increase or prolong the pain, suffering, or | ||||||
5 | agony of the victim. | ||||||
6 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
7 | felony if: | ||||||
8 | (A) the person used or attempted to use a dangerous
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9 | instrument while committing the offense; or | ||||||
10 | (B) the person caused great bodily harm or
permanent | ||||||
11 | disability or disfigurement to the other
person while | ||||||
12 | committing the offense; or | ||||||
13 | (C) the person has been previously convicted of a
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14 | violation of subdivision (a)(5) under the laws of this
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15 | State or laws similar to subdivision (a)(5) of any other
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16 | state. | ||||||
17 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
18 | Class X felony. | ||||||
19 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
20 | Class X felony for which a person shall be sentenced to a term | ||||||
21 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
22 | years. | ||||||
23 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
24 | Class X felony for which a person shall be sentenced to a term | ||||||
25 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
26 | years. |
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1 | Aggravated battery as defined in subdivision (e)(2), | ||||||
2 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
3 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
4 | and a maximum of 60 years. | ||||||
5 | Aggravated battery as defined in subdivision (e)(6), | ||||||
6 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
7 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
8 | and a maximum of 60 years. | ||||||
9 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
10 | Class X felony, except that: | ||||||
11 | (1) if the person committed the offense while armed | ||||||
12 | with a firearm, 15 years shall be added to the term of | ||||||
13 | imprisonment imposed by the court; | ||||||
14 | (2) if, during the commission of the offense, the | ||||||
15 | person personally discharged a firearm, 20 years shall be | ||||||
16 | added to the term of imprisonment imposed by the court; | ||||||
17 | (3) if, during the commission of the offense, the | ||||||
18 | person personally discharged a firearm that proximately | ||||||
19 | caused great bodily harm, permanent disability, permanent | ||||||
20 | disfigurement, or death to another person, 25 years or up | ||||||
21 | to a term of natural life shall be added to the term of | ||||||
22 | imprisonment imposed by the court. | ||||||
23 | (i) Definitions. For the purposes of this Section: | ||||||
24 | "Building or other structure used to provide shelter" has | ||||||
25 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
26 | Violence Shelters Act. |
| |||||||
| |||||||
1 | "Domestic violence" has the meaning ascribed to it in | ||||||
2 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
3 | "Domestic violence shelter" means any building or other | ||||||
4 | structure used to provide shelter or other services to victims | ||||||
5 | or to the dependent children of victims of domestic violence | ||||||
6 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
7 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
8 | such a building or other structure in the case of a person who | ||||||
9 | is going to or from such a building or other structure. | ||||||
10 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
11 | Firearm Owners Identification Card Act, and does
not include an | ||||||
12 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
13 | "Machine gun" has the meaning ascribed to it in Section | ||||||
14 | 24-1 of this Code. | ||||||
15 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
16 | of this Code. | ||||||
17 | "Strangle" means
intentionally impeding the normal | ||||||
18 | breathing or circulation of the blood of an individual by | ||||||
19 | applying pressure on the throat
or neck of that individual or | ||||||
20 | by blocking the nose or mouth of
that individual.
| ||||||
21 | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | ||||||
22 | eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
| ||||||
23 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
24 | Sec. 24-1. Unlawful use of weapons.
| ||||||
25 | (a) A person commits the offense of unlawful use of weapons |
| |||||||
| |||||||
1 | when
he knowingly:
| ||||||
2 | (1) Sells, manufactures, purchases, possesses or | ||||||
3 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
4 | sand-bag, metal knuckles or other knuckle weapon | ||||||
5 | regardless of its composition, throwing star,
or any knife, | ||||||
6 | commonly referred to as a switchblade knife, which has a
| ||||||
7 | blade that opens automatically by hand pressure applied to | ||||||
8 | a button,
spring or other device in the handle of the | ||||||
9 | knife, or a ballistic knife,
which is a device that propels | ||||||
10 | a knifelike blade as a projectile by means
of a coil | ||||||
11 | spring, elastic material or compressed gas; or
| ||||||
12 | (2) Carries or possesses with intent to use the same | ||||||
13 | unlawfully
against another, a dagger, dirk, billy, | ||||||
14 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
15 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
16 | deadly weapon or instrument of like character; or
| ||||||
17 | (3) Carries on or about his person or in any vehicle, a | ||||||
18 | tear gas gun
projector or bomb or any object containing | ||||||
19 | noxious liquid gas or
substance, other than an object | ||||||
20 | containing a non-lethal noxious liquid gas
or substance | ||||||
21 | designed solely for personal defense carried by a person 18
| ||||||
22 | years of age or older; or
| ||||||
23 | (4) Carries or possesses in any vehicle or concealed on | ||||||
24 | or about his
person except when on his land or in his own | ||||||
25 | abode, legal dwelling, or fixed place of
business, or on | ||||||
26 | the land or in the legal dwelling of another person as an |
| |||||||
| |||||||
1 | invitee with that person's permission, any pistol, | ||||||
2 | revolver, stun gun or taser or other firearm, except
that
| ||||||
3 | this subsection (a) (4) does not apply to or affect | ||||||
4 | transportation of weapons
that meet one of the following | ||||||
5 | conditions:
| ||||||
6 | (i) are broken down in a non-functioning state; or
| ||||||
7 | (ii) are not immediately accessible; or
| ||||||
8 | (iii) are unloaded and enclosed in a case, firearm | ||||||
9 | carrying box,
shipping box, or other container by a | ||||||
10 | person who has been issued a currently
valid Firearm | ||||||
11 | Owner's
Identification Card; or | ||||||
12 | (iv) are carried or possessed in accordance with | ||||||
13 | the Firearm Concealed Carry Act by a person who has | ||||||
14 | been issued a currently valid license under the Firearm | ||||||
15 | Concealed Carry Act; or
| ||||||
16 | (5) Sets a spring gun; or
| ||||||
17 | (6) Possesses any device or attachment of any kind | ||||||
18 | designed, used or
intended for use in silencing the report | ||||||
19 | of any firearm; or
| ||||||
20 | (7) Sells, manufactures, purchases, possesses or | ||||||
21 | carries:
| ||||||
22 | (i) a machine gun, which shall be defined for the | ||||||
23 | purposes of this
subsection as any weapon,
which | ||||||
24 | shoots, is designed to shoot, or can be readily | ||||||
25 | restored to shoot,
automatically more than one shot | ||||||
26 | without manually reloading by a single
function of the |
| |||||||
| |||||||
1 | trigger, including the frame or receiver
of any such | ||||||
2 | weapon, or sells, manufactures, purchases, possesses, | ||||||
3 | or
carries any combination of parts designed or | ||||||
4 | intended for
use in converting any weapon into a | ||||||
5 | machine gun, or any combination or
parts from which a | ||||||
6 | machine gun can be assembled if such parts are in the
| ||||||
7 | possession or under the control of a person;
| ||||||
8 | (ii) any rifle having one or
more barrels less than | ||||||
9 | 16 inches in length or a shotgun having one or more
| ||||||
10 | barrels less than 18 inches in length or any weapon | ||||||
11 | made from a rifle or
shotgun, whether by alteration, | ||||||
12 | modification, or otherwise, if such a weapon
as | ||||||
13 | modified has an overall length of less than 26 inches; | ||||||
14 | or
| ||||||
15 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
16 | other container containing an
explosive substance of | ||||||
17 | over one-quarter ounce for like purposes, such
as, but | ||||||
18 | not limited to, black powder bombs and Molotov | ||||||
19 | cocktails or
artillery projectiles; or
| ||||||
20 | (8) Carries or possesses any firearm, stun gun or taser | ||||||
21 | or other
deadly weapon in any place which is licensed to | ||||||
22 | sell intoxicating
beverages, or at any public gathering | ||||||
23 | held pursuant to a license issued
by any governmental body | ||||||
24 | or any public gathering at which an admission
is charged, | ||||||
25 | excluding a place where a showing, demonstration or lecture
| ||||||
26 | involving the exhibition of unloaded firearms is |
| |||||||
| |||||||
1 | conducted.
| ||||||
2 | This subsection (a)(8) does not apply to any auction or | ||||||
3 | raffle of a firearm
held pursuant to
a license or permit | ||||||
4 | issued by a governmental body, nor does it apply to persons
| ||||||
5 | engaged
in firearm safety training courses; or
| ||||||
6 | (9) Carries or possesses in a vehicle or on or about | ||||||
7 | his person any
pistol, revolver, stun gun or taser or | ||||||
8 | firearm or ballistic knife, when
he or she affixes or | ||||||
9 | manipulates a mask, cloth, or garment in order to conceal | ||||||
10 | his or her identity is hooded, robed or masked in such | ||||||
11 | manner as to conceal his identity ; or
| ||||||
12 | (10) Carries or possesses on or about his person, upon | ||||||
13 | any public street,
alley, or other public lands within the | ||||||
14 | corporate limits of a city, village
or incorporated town, | ||||||
15 | except when an invitee thereon or therein, for the
purpose | ||||||
16 | of the display of such weapon or the lawful commerce in | ||||||
17 | weapons, or
except when on his land or in his own abode, | ||||||
18 | legal dwelling, or fixed place of business, or on the land | ||||||
19 | or in the legal dwelling of another person as an invitee | ||||||
20 | with that person's permission, any
pistol, revolver, stun | ||||||
21 | gun or taser or other firearm, except that this
subsection | ||||||
22 | (a) (10) does not apply to or affect transportation of | ||||||
23 | weapons that
meet one of the following conditions:
| ||||||
24 | (i) are broken down in a non-functioning state; or
| ||||||
25 | (ii) are not immediately accessible; or
| ||||||
26 | (iii) are unloaded and enclosed in a case, firearm |
| |||||||
| |||||||
1 | carrying box,
shipping box, or other container by a | ||||||
2 | person who has been issued a currently
valid Firearm | ||||||
3 | Owner's
Identification Card; or
| ||||||
4 | (iv) are carried or possessed in accordance with | ||||||
5 | the Firearm Concealed Carry Act by a person who has | ||||||
6 | been issued a currently valid license under the Firearm | ||||||
7 | Concealed Carry Act. | ||||||
8 | A "stun gun or taser", as used in this paragraph (a) | ||||||
9 | means (i) any device
which is powered by electrical | ||||||
10 | charging units, such as, batteries, and
which fires one or | ||||||
11 | several barbs attached to a length of wire and
which, upon | ||||||
12 | hitting a human, can send out a current capable of | ||||||
13 | disrupting
the person's nervous system in such a manner as | ||||||
14 | to render him incapable of
normal functioning or (ii) any | ||||||
15 | device which is powered by electrical
charging units, such | ||||||
16 | as batteries, and which, upon contact with a human or
| ||||||
17 | clothing worn by a human, can send out current capable of | ||||||
18 | disrupting
the person's nervous system in such a manner as | ||||||
19 | to render him incapable
of normal functioning; or
| ||||||
20 | (11) Sells, manufactures or purchases any explosive | ||||||
21 | bullet. For purposes
of this paragraph (a) "explosive | ||||||
22 | bullet" means the projectile portion of
an ammunition | ||||||
23 | cartridge which contains or carries an explosive charge | ||||||
24 | which
will explode upon contact with the flesh of a human | ||||||
25 | or an animal.
"Cartridge" means a tubular metal case having | ||||||
26 | a projectile affixed at the
front thereof and a cap or |
| |||||||
| |||||||
1 | primer at the rear end thereof, with the
propellant | ||||||
2 | contained in such tube between the projectile and the cap; | ||||||
3 | or
| ||||||
4 | (12) (Blank); or
| ||||||
5 | (13) Carries or possesses on or about his or her person | ||||||
6 | while in a building occupied by a unit of government, a | ||||||
7 | billy club, other weapon of like character, or other | ||||||
8 | instrument of like character intended for use as a weapon. | ||||||
9 | For the purposes of this Section, "billy club" means a | ||||||
10 | short stick or club commonly carried by police officers | ||||||
11 | which is either telescopic or constructed of a solid piece | ||||||
12 | of wood or other man-made material. | ||||||
13 | (b) Sentence. A person convicted of a violation of | ||||||
14 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
15 | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||||||
16 | Class A
misdemeanor.
A person convicted of a violation of | ||||||
17 | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||||||
18 | person
convicted of a violation of subsection 24-1(a)(6) or | ||||||
19 | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||||||
20 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
21 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
22 | of not less than 3 years and not more than 7 years, unless the | ||||||
23 | weapon is possessed in the
passenger compartment of a motor | ||||||
24 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
25 | Code, or on the person, while the weapon is loaded, in which
| ||||||
26 | case it shall be a Class X felony. A person convicted of a
|
| |||||||
| |||||||
1 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
2 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||||||
3 | felony. The possession of each weapon in violation of this | ||||||
4 | Section constitutes a single and separate violation.
| ||||||
5 | (c) Violations in specific places.
| ||||||
6 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
7 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
8 | the time of year, in residential
property owned, operated | ||||||
9 | or managed by a public housing agency or
leased by
a public | ||||||
10 | housing agency as part of a scattered site or mixed-income
| ||||||
11 | development, in a
public park, in a courthouse, on the real | ||||||
12 | property comprising any school,
regardless of the
time of | ||||||
13 | day or the time of year, on residential property owned, | ||||||
14 | operated
or
managed by a public housing agency
or leased by | ||||||
15 | a public housing agency as part of a scattered site or
| ||||||
16 | mixed-income development,
on the real property comprising | ||||||
17 | any
public park, on the real property comprising any | ||||||
18 | courthouse, in any conveyance
owned, leased or contracted | ||||||
19 | by a school to
transport students to or from school or a | ||||||
20 | school related activity, in any conveyance
owned, leased, | ||||||
21 | or contracted by a public transportation agency, or on any
| ||||||
22 | public way within 1,000 feet of the real property | ||||||
23 | comprising any school,
public park, courthouse, public | ||||||
24 | transportation facility, or residential property owned, | ||||||
25 | operated, or managed
by a public housing agency
or leased | ||||||
26 | by a public housing agency as part of a scattered site or
|
| |||||||
| |||||||
1 | mixed-income development
commits a Class 2 felony and shall | ||||||
2 | be sentenced to a term of imprisonment of not less than 3 | ||||||
3 | years and not more than 7 years.
| ||||||
4 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
5 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||||||
6 | time of day or the time of year,
in residential property | ||||||
7 | owned, operated, or managed by a public
housing
agency
or | ||||||
8 | leased by a public housing agency as part of a scattered | ||||||
9 | site or
mixed-income development,
in
a public
park, in a | ||||||
10 | courthouse, on the real property comprising any school, | ||||||
11 | regardless
of the time of day or the time of year, on | ||||||
12 | residential property owned,
operated, or managed by a | ||||||
13 | public housing agency
or leased by a public housing agency | ||||||
14 | as part of a scattered site or
mixed-income development,
on | ||||||
15 | the real property
comprising any public park, on the real | ||||||
16 | property comprising any courthouse, in
any conveyance | ||||||
17 | owned, leased, or contracted by a school to transport | ||||||
18 | students
to or from school or a school related activity, in | ||||||
19 | any conveyance
owned, leased, or contracted by a public | ||||||
20 | transportation agency, or on any public way within
1,000 | ||||||
21 | feet of the real property comprising any school, public | ||||||
22 | park, courthouse,
public transportation facility, or | ||||||
23 | residential property owned, operated, or managed by a | ||||||
24 | public
housing agency
or leased by a public housing agency | ||||||
25 | as part of a scattered site or
mixed-income development
| ||||||
26 | commits a Class 3 felony.
|
| |||||||
| |||||||
1 | (2) A person who violates subsection 24-1(a)(1), | ||||||
2 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
3 | time of day or the time of year, in
residential property | ||||||
4 | owned, operated or managed by a public housing
agency
or | ||||||
5 | leased by a public housing agency as part of a scattered | ||||||
6 | site or
mixed-income development,
in
a public park, in a | ||||||
7 | courthouse, on the real property comprising any school,
| ||||||
8 | regardless of the time of day or the time of year, on | ||||||
9 | residential property
owned, operated or managed by a public | ||||||
10 | housing agency
or leased by a public housing agency as part | ||||||
11 | of a scattered site or
mixed-income development,
on the | ||||||
12 | real property
comprising any public park, on the real | ||||||
13 | property comprising any courthouse, in
any conveyance | ||||||
14 | owned, leased or contracted by a school to transport | ||||||
15 | students
to or from school or a school related activity, in | ||||||
16 | any conveyance
owned, leased, or contracted by a public | ||||||
17 | transportation agency, or on any public way within
1,000 | ||||||
18 | feet of the real property comprising any school, public | ||||||
19 | park, courthouse,
public transportation facility, or | ||||||
20 | residential property owned, operated, or managed by a | ||||||
21 | public
housing agency or leased by a public housing agency | ||||||
22 | as part of a scattered
site or mixed-income development | ||||||
23 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
24 | that is used by the Circuit, Appellate, or Supreme Court of
| ||||||
25 | this State for the conduct of official business.
| ||||||
26 | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| |||||||
| |||||||
1 | (c) shall not
apply to law
enforcement officers or security | ||||||
2 | officers of such school, college, or
university or to | ||||||
3 | students carrying or possessing firearms for use in | ||||||
4 | training
courses, parades, hunting, target shooting on | ||||||
5 | school ranges, or otherwise with
the consent of school | ||||||
6 | authorities and which firearms are transported unloaded
| ||||||
7 | enclosed in a suitable case, box, or transportation | ||||||
8 | package.
| ||||||
9 | (4) For the purposes of this subsection (c), "school" | ||||||
10 | means any public or
private elementary or secondary school, | ||||||
11 | community college, college, or
university.
| ||||||
12 | (5) For the purposes of this subsection (c), "public | ||||||
13 | transportation agency" means a public or private agency | ||||||
14 | that provides for the transportation or conveyance of
| ||||||
15 | persons by means available to the general public, except | ||||||
16 | for transportation
by automobiles not used for conveyance | ||||||
17 | of the general public as passengers; and "public | ||||||
18 | transportation facility" means a terminal or other place
| ||||||
19 | where one may obtain public transportation.
| ||||||
20 | (d) The presence in an automobile other than a public | ||||||
21 | omnibus of any
weapon, instrument or substance referred to in | ||||||
22 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
23 | possession of, and is being
carried by, all persons occupying | ||||||
24 | such automobile at the time such
weapon, instrument or | ||||||
25 | substance is found, except under the following
circumstances: | ||||||
26 | (i) if such weapon, instrument or instrumentality is
found upon |
| |||||||
| |||||||
1 | the person of one of the occupants therein; or (ii) if such
| ||||||
2 | weapon, instrument or substance is found in an automobile | ||||||
3 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
4 | and proper pursuit of
his trade, then such presumption shall | ||||||
5 | not apply to the driver.
| ||||||
6 | (e) Exemptions. Crossbows, Common or Compound bows and | ||||||
7 | Underwater
Spearguns are exempted from the definition of | ||||||
8 | ballistic knife as defined in
paragraph (1) of subsection (a) | ||||||
9 | of this Section.
| ||||||
10 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.".
|