103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3435

 

Introduced 2/8/2024, by Sen. Patrick J. Joyce

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-2  from Ch. 38, par. 12-2

    Amends the Criminal Code of 2012. Provides that a person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be a construction worker, maintenance worker, engineer, survey worker, truck driver, material supplier, employee of the State of Illinois or a unit of local government, or any other person while performing any type of work related to a public works project. Defines "public works". Provides that a violation is a Class A misdemeanor.


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A BILL FOR

 

SB3435LRB103 38406 RLC 68541 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 12-2 as follows:
 
6    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
7    Sec. 12-2. Aggravated assault.
8    (a) Offense based on location of conduct. A person commits
9aggravated assault when he or she commits an assault against
10an individual who is on or about a public way, public property,
11a public place of accommodation or amusement, or a sports
12venue, or in a church, synagogue, mosque, or other building,
13structure, or place used for religious worship.
14    (b) Offense based on status of victim. A person commits
15aggravated assault when, in committing an assault, he or she
16knows the individual assaulted to be any of the following:
17        (1) A person with a physical disability or a person 60
18    years of age or older and the assault is without legal
19    justification.
20        (2) A teacher or school employee upon school grounds
21    or grounds adjacent to a school or in any part of a
22    building used for school purposes.
23        (3) A park district employee upon park grounds or

 

 

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1    grounds adjacent to a park or in any part of a building
2    used for park purposes.
3        (4) A community policing volunteer, private security
4    officer, or utility worker:
5            (i) performing his or her official duties;
6            (ii) assaulted to prevent performance of his or
7        her official duties; or
8            (iii) assaulted in retaliation for performing his
9        or her official duties.
10        (4.1) A peace officer, fireman, emergency management
11    worker, or emergency medical services personnel:
12            (i) performing his or her official duties;
13            (ii) assaulted to prevent performance of his or
14        her official duties; or
15            (iii) assaulted in retaliation for performing his
16        or her official duties.
17        (5) A correctional officer or probation officer:
18            (i) performing his or her official duties;
19            (ii) assaulted to prevent performance of his or
20        her official duties; or
21            (iii) assaulted in retaliation for performing his
22        or her official duties.
23        (6) A correctional institution employee, a county
24    juvenile detention center employee who provides direct and
25    continuous supervision of residents of a juvenile
26    detention center, including a county juvenile detention

 

 

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1    center employee who supervises recreational activity for
2    residents of a juvenile detention center, or a Department
3    of Human Services employee, Department of Human Services
4    officer, or employee of a subcontractor of the Department
5    of Human Services supervising or controlling sexually
6    dangerous persons or sexually violent persons:
7            (i) performing his or her official duties;
8            (ii) assaulted to prevent performance of his or
9        her official duties; or
10            (iii) assaulted in retaliation for performing his
11        or her official duties.
12        (7) An employee of the State of Illinois, a municipal
13    corporation therein, or a political subdivision thereof,
14    performing his or her official duties.
15        (8) A transit employee performing his or her official
16    duties, or a transit passenger.
17        (9) A sports official or coach actively participating
18    in any level of athletic competition within a sports
19    venue, on an indoor playing field or outdoor playing
20    field, or within the immediate vicinity of such a facility
21    or field.
22        (10) A person authorized to serve process under
23    Section 2-202 of the Code of Civil Procedure or a special
24    process server appointed by the circuit court, while that
25    individual is in the performance of his or her duties as a
26    process server.

 

 

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1        (11) A construction worker, maintenance worker,
2    engineer, survey worker, truck driver, material supplier,
3    employee of the State of Illinois or a unit of local
4    government, or any other person while performing any type
5    of work related to a public works project. In this
6    paragraph (11), "public works" has the meaning ascribed to
7    the term in Section 2 of the Prevailing Wage Act.
8    (c) Offense based on use of firearm, device, or motor
9vehicle. A person commits aggravated assault when, in
10committing 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
14    a 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) Wears a hood, robe, or mask to conceal his or her
19    identity.
20        (5) Knowingly and without lawful justification shines
21    or flashes a laser gun sight or other laser device
22    attached to a firearm, or used in concert with a firearm,
23    so that the laser beam strikes near or in the immediate
24    vicinity of any person.
25        (6) Uses a firearm, other than by discharging the
26    firearm, against a peace officer, community policing

 

 

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1    volunteer, fireman, private security officer, emergency
2    management worker, emergency medical services personnel,
3    employee of a police department, employee of a sheriff's
4    department, or traffic control municipal employee:
5            (i) performing his or her official duties;
6            (ii) assaulted to prevent performance of his or
7        her official duties; or
8            (iii) assaulted in retaliation for performing his
9        or her official duties.
10        (7) Without justification operates a motor vehicle in
11    a manner which places a person, other than a person listed
12    in subdivision (b)(4), in reasonable apprehension of being
13    struck by the moving motor vehicle.
14        (8) Without justification operates a motor vehicle in
15    a manner which places a person listed in subdivision
16    (b)(4), in reasonable apprehension of being struck by the
17    moving motor vehicle.
18        (9) Knowingly video or audio records the offense with
19    the intent to disseminate the recording.
20    (d) Sentence. Aggravated assault as defined in subdivision
21(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
22(b)(11), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor,
23except that aggravated assault as defined in subdivision
24(b)(4) and (b)(7) is a Class 4 felony if a Category I, Category
25II, or Category III weapon is used in the commission of the
26assault. Aggravated assault as defined in subdivision

 

 

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1(b)(4.1), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or
2(c)(7) is a Class 4 felony. Aggravated assault as defined in
3subdivision (c)(3) or (c)(8) is a Class 3 felony.
4    (e) For the purposes of this Section, "Category I weapon",
5"Category II weapon", and "Category III weapon" have the
6meanings ascribed to those terms in Section 33A-1 of this
7Code.
8(Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)