Rep. Sue Scherer
Filed: 3/11/2013
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 801
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 801 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Sections 12-2 and 12-3.05 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 | ||||||
9 | aggravated assault when he or she commits an assault against an | ||||||
10 | individual who is on or about a public way, public property, a | ||||||
11 | public place of accommodation or amusement, or a sports venue. | ||||||
12 | (b) Offense based on status of victim. A person commits | ||||||
13 | aggravated assault when, in committing an assault, he or she | ||||||
14 | knows the individual assaulted to be any of the following: | ||||||
15 | (1) A physically handicapped person or a person 60 | ||||||
16 | years of age or older and the assault is without legal |
| |||||||
| |||||||
1 | justification. | ||||||
2 | (2) A teacher or school employee upon school grounds or | ||||||
3 | grounds adjacent to a school or in any part of a building | ||||||
4 | used for school purposes. | ||||||
5 | (3) A park district employee upon park grounds or | ||||||
6 | grounds adjacent to a park or in any part of a building | ||||||
7 | used for park purposes. | ||||||
8 | (4) A peace officer, community policing volunteer, | ||||||
9 | fireman, private security officer, emergency management | ||||||
10 | worker, emergency medical technician, or utility worker: | ||||||
11 | (i) performing his or her official duties; | ||||||
12 | (ii) assaulted to prevent performance of his or her | ||||||
13 | official duties; or | ||||||
14 | (iii) assaulted in retaliation for performing his | ||||||
15 | or her official duties. | ||||||
16 | (5) A correctional officer or probation officer: | ||||||
17 | (i) performing his or her official duties; | ||||||
18 | (ii) assaulted to prevent performance of his or her | ||||||
19 | official duties; or | ||||||
20 | (iii) assaulted in retaliation for performing his | ||||||
21 | or her official duties. | ||||||
22 | (6) A correctional institution employee, a county | ||||||
23 | juvenile detention center employee who provides direct and | ||||||
24 | continuous supervision of residents of a juvenile | ||||||
25 | detention center, including a county juvenile detention | ||||||
26 | center employee who supervises recreational activity for |
| |||||||
| |||||||
1 | residents of a juvenile detention center, or a Department | ||||||
2 | of Human Services employee, Department of Human Services | ||||||
3 | officer, or employee of a subcontractor of the Department | ||||||
4 | of Human Services supervising or controlling sexually | ||||||
5 | dangerous persons or sexually violent persons: | ||||||
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) An employee of the State of Illinois, a municipal | ||||||
12 | corporation therein, or a political subdivision thereof, | ||||||
13 | performing his or her official duties. | ||||||
14 | (8) A transit employee performing his or her official | ||||||
15 | duties, or a transit passenger. | ||||||
16 | (9) A sports official or coach actively participating | ||||||
17 | in any level of athletic competition within a sports venue, | ||||||
18 | on an indoor playing field or outdoor playing field, or | ||||||
19 | within the immediate vicinity of such a facility or field. | ||||||
20 | (10) A person authorized to serve process under Section | ||||||
21 | 2-202 of the Code of Civil Procedure or a special process | ||||||
22 | server appointed by the circuit court, while that | ||||||
23 | individual is in the performance of his or her duties as a | ||||||
24 | process server. | ||||||
25 | (11) A nurse performing his or her duties. | ||||||
26 | (c) Offense based on use of firearm, device, or motor |
| |||||||
| |||||||
1 | vehicle. A person commits aggravated assault when, in | ||||||
2 | committing an assault, he or she does any of the following: | ||||||
3 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
4 | the Air Rifle Act, or any device manufactured and designed | ||||||
5 | to be substantially similar in appearance to a firearm, | ||||||
6 | other than by discharging a firearm. | ||||||
7 | (2) Discharges a firearm, other than from a motor | ||||||
8 | vehicle. | ||||||
9 | (3) Discharges a firearm from a motor vehicle. | ||||||
10 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
11 | identity. | ||||||
12 | (5) Knowingly and without lawful justification shines | ||||||
13 | or flashes a laser gun sight or other laser device attached | ||||||
14 | to a firearm, or used in concert with a firearm, so that | ||||||
15 | the laser beam strikes near or in the immediate vicinity of | ||||||
16 | any person. | ||||||
17 | (6) Uses a firearm, other than by discharging the | ||||||
18 | firearm, against a peace officer, community policing | ||||||
19 | volunteer, fireman, private security officer, emergency | ||||||
20 | management worker, emergency medical technician, employee | ||||||
21 | of a police department, employee of a sheriff's department, | ||||||
22 | or traffic control municipal employee: | ||||||
23 | (i) performing his or her official duties; | ||||||
24 | (ii) assaulted to prevent performance of his or her | ||||||
25 | official duties; or | ||||||
26 | (iii) assaulted in retaliation for performing his |
| |||||||
| |||||||
1 | or her official duties. | ||||||
2 | (7) Without justification operates a motor vehicle in a | ||||||
3 | manner which places a person, other than a person listed in | ||||||
4 | subdivision (b)(4), in reasonable apprehension of being | ||||||
5 | struck by the moving motor vehicle. | ||||||
6 | (8) Without justification operates a motor vehicle in a | ||||||
7 | manner which places a person listed in subdivision (b)(4), | ||||||
8 | in reasonable apprehension of being struck by the moving | ||||||
9 | motor vehicle. | ||||||
10 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
11 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
12 | (c)(1), or (c)(4) is a Class A misdemeanor, except that | ||||||
13 | aggravated assault as defined in subdivision (b)(4) and (b)(7) | ||||||
14 | is a Class 4 felony if a Category I, Category II, or Category | ||||||
15 | III weapon is used in the commission of the assault. Aggravated | ||||||
16 | assault as defined in subdivision (b)(5), (b)(6), (b)(10), | ||||||
17 | (b)(11), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||||||
18 | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||||||
19 | is a Class 3 felony. | ||||||
20 | (e) For the purposes of this Section, "Category I weapon", | ||||||
21 | "Category II weapon, and "Category III weapon" have the | ||||||
22 | meanings ascribed to those terms in Section 33A-1 of this Code.
| ||||||
23 | (Source: P.A. 96-201, eff. 8-10-09; 96-1000, eff. 7-2-10; | ||||||
24 | 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; 96-1551, eff. | ||||||
25 | 7-1-11; 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; 97-333, eff. | ||||||
26 | 8-12-11; 97-1109, eff. 1-1-13.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| ||||||
2 | Sec. 12-3.05. Aggravated battery.
| ||||||
3 | (a) Offense based on injury. A person commits aggravated | ||||||
4 | battery when, in committing a battery, other than by the | ||||||
5 | discharge of a firearm, he or she knowingly does any of the | ||||||
6 | following: | ||||||
7 | (1) Causes great bodily harm or permanent disability or | ||||||
8 | disfigurement. | ||||||
9 | (2) Causes severe and permanent disability, great | ||||||
10 | bodily harm, or disfigurement by means of a caustic or | ||||||
11 | flammable substance, a poisonous gas, a deadly biological | ||||||
12 | or chemical contaminant or agent, a radioactive substance, | ||||||
13 | or a bomb or explosive compound. | ||||||
14 | (3) Causes great bodily harm or permanent disability or | ||||||
15 | disfigurement to an individual whom the person knows to be | ||||||
16 | a peace officer, community policing volunteer, fireman, | ||||||
17 | private security officer, correctional institution | ||||||
18 | employee, or Department of Human Services employee | ||||||
19 | supervising or controlling sexually dangerous persons or | ||||||
20 | 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. |
| |||||||
| |||||||
1 | (4) Causes great bodily harm or permanent disability or | ||||||
2 | disfigurement to an individual 60 years of age or older. | ||||||
3 | (5) Strangles another individual. | ||||||
4 | (b) Offense based on injury to a child or intellectually | ||||||
5 | disabled person. A person who is at least 18 years of age | ||||||
6 | commits aggravated battery when, in committing a battery, he or | ||||||
7 | she knowingly and without legal justification by any means: | ||||||
8 | (1) causes great bodily harm or permanent disability or | ||||||
9 | disfigurement to any child under the age of 13 years, or to | ||||||
10 | any severely or profoundly intellectually disabled person; | ||||||
11 | or | ||||||
12 | (2) causes bodily harm or disability or disfigurement | ||||||
13 | to any child under the age of 13 years or to any severely | ||||||
14 | or profoundly intellectually disabled person. | ||||||
15 | (c) Offense based on location of conduct. A person commits | ||||||
16 | aggravated battery when, in committing a battery, other than by | ||||||
17 | the discharge of a firearm, he or she is or the person battered | ||||||
18 | is on or about a public way, public property, a public place of | ||||||
19 | accommodation or amusement, a sports venue, or a domestic | ||||||
20 | violence shelter. | ||||||
21 | (d) Offense based on status of victim. A person commits | ||||||
22 | aggravated battery when, in committing a battery, other than by | ||||||
23 | discharge of a firearm, he or she knows the individual battered | ||||||
24 | to be any of the following: | ||||||
25 | (1) A person 60 years of age or older. | ||||||
26 | (2) A person who is pregnant or physically handicapped. |
| |||||||
| |||||||
1 | (3) A teacher or school employee upon school grounds or | ||||||
2 | grounds adjacent to a school or in any part of a building | ||||||
3 | used for school purposes. | ||||||
4 | (4) A peace officer, community policing volunteer, | ||||||
5 | fireman, private security officer, correctional | ||||||
6 | institution employee, or Department of Human Services | ||||||
7 | employee supervising or controlling sexually dangerous | ||||||
8 | persons or sexually violent persons: | ||||||
9 | (i) performing his or her official duties; | ||||||
10 | (ii) battered to prevent performance of his or her | ||||||
11 | official duties; or | ||||||
12 | (iii) battered in retaliation for performing his | ||||||
13 | or her official duties. | ||||||
14 | (5) A judge, emergency management worker, emergency | ||||||
15 | medical technician, or utility worker: | ||||||
16 | (i) performing his or her official duties; | ||||||
17 | (ii) battered to prevent performance of his or her | ||||||
18 | official duties; or | ||||||
19 | (iii) battered in retaliation for performing his | ||||||
20 | or her official duties. | ||||||
21 | (6) An officer or employee of the State of Illinois, a | ||||||
22 | unit of local government, or a school district, while | ||||||
23 | performing his or her official duties. | ||||||
24 | (7) A transit employee performing his or her official | ||||||
25 | duties, or a transit passenger. | ||||||
26 | (8) A taxi driver on duty. |
| |||||||
| |||||||
1 | (9) A merchant who detains the person for an alleged | ||||||
2 | commission of retail theft under Section 16-26 of this Code | ||||||
3 | and the person without legal justification by any means | ||||||
4 | causes bodily harm to the merchant. | ||||||
5 | (10) A person authorized to serve process under Section | ||||||
6 | 2-202 of the Code of Civil Procedure or a special process | ||||||
7 | server appointed by the circuit court while that individual | ||||||
8 | is in the performance of his or her duties as a process | ||||||
9 | server. | ||||||
10 | (11) A nurse performing his or her duties. | ||||||
11 | (e) Offense based on use of a firearm. A person commits | ||||||
12 | aggravated battery when, in committing a battery, he or she | ||||||
13 | knowingly does any of the following: | ||||||
14 | (1) Discharges a firearm, other than a machine gun or a | ||||||
15 | firearm equipped with a silencer, and causes any injury to | ||||||
16 | another person. | ||||||
17 | (2) Discharges a firearm, other than a machine gun or a | ||||||
18 | firearm equipped with a silencer, and causes any injury to | ||||||
19 | a person he or she knows to be a peace officer, community | ||||||
20 | policing volunteer, person summoned by a police officer, | ||||||
21 | fireman, private security officer, correctional | ||||||
22 | institution employee, or emergency management worker: | ||||||
23 | (i) performing his or her official duties; | ||||||
24 | (ii) battered to prevent performance of his or her | ||||||
25 | official duties; or | ||||||
26 | (iii) battered in retaliation for performing his |
| |||||||
| |||||||
1 | or her official duties. | ||||||
2 | (3) Discharges a firearm, other than a machine gun or a | ||||||
3 | firearm equipped with a silencer, and causes any injury to | ||||||
4 | a person he or she knows to be an emergency medical | ||||||
5 | technician employed by a municipality or other | ||||||
6 | governmental unit: | ||||||
7 | (i) performing his or her official duties; | ||||||
8 | (ii) battered to prevent performance of his or her | ||||||
9 | official duties; or | ||||||
10 | (iii) battered in retaliation for performing his | ||||||
11 | or her official duties. | ||||||
12 | (4) Discharges a firearm and causes any injury to a | ||||||
13 | person he or she knows to be a teacher, a student in a | ||||||
14 | school, or a school employee, and the teacher, student, or | ||||||
15 | employee is upon school grounds or grounds adjacent to a | ||||||
16 | school or in any part of a building used for school | ||||||
17 | purposes. | ||||||
18 | (5) Discharges a machine gun or a firearm equipped with | ||||||
19 | a silencer, and causes any injury to another person. | ||||||
20 | (6) Discharges a machine gun or a firearm equipped with | ||||||
21 | a silencer, and causes any injury to a person he or she | ||||||
22 | knows to be a peace officer, community policing volunteer, | ||||||
23 | person summoned by a police officer, fireman, private | ||||||
24 | security officer, correctional institution employee or | ||||||
25 | emergency management worker: | ||||||
26 | (i) performing his or her official duties; |
| |||||||
| |||||||
1 | (ii) battered to prevent performance of his or her | ||||||
2 | official duties; or | ||||||
3 | (iii) battered in retaliation for performing his | ||||||
4 | or her official duties. | ||||||
5 | (7) Discharges a machine gun or a firearm equipped with | ||||||
6 | a silencer, and causes any injury to a person he or she | ||||||
7 | knows to be an emergency medical technician employed by a | ||||||
8 | municipality or other governmental unit: | ||||||
9 | (i) performing his or her official duties; | ||||||
10 | (ii) battered to prevent performance of his or her | ||||||
11 | official duties; or | ||||||
12 | (iii) battered in retaliation for performing his | ||||||
13 | or her official duties. | ||||||
14 | (8) Discharges a machine gun or a firearm equipped with | ||||||
15 | a silencer, and causes any injury to a person he or she | ||||||
16 | knows to be a teacher, or a student in a school, or a | ||||||
17 | school employee, and the teacher, student, or employee is | ||||||
18 | upon school grounds or grounds adjacent to a school or in | ||||||
19 | any part of a building used for school purposes. | ||||||
20 | (f) Offense based on use of a weapon or device. A person | ||||||
21 | commits aggravated battery when, in committing a battery, he or | ||||||
22 | she does any of the following: | ||||||
23 | (1) Uses a deadly weapon other than by discharge of a | ||||||
24 | firearm, or uses an air rifle as defined in the Air Rifle
| ||||||
25 | Act. | ||||||
26 | (2) Wears a hood, robe, or mask to conceal his or her |
| |||||||
| |||||||
1 | identity. | ||||||
2 | (3) Knowingly and without lawful justification shines | ||||||
3 | or flashes a laser gunsight or other laser device attached | ||||||
4 | to a firearm, or used in concert with a firearm, so that | ||||||
5 | the laser beam strikes upon or against the person of | ||||||
6 | another. | ||||||
7 | (g) Offense based on certain conduct. A person commits | ||||||
8 | aggravated battery when, other than by discharge of a firearm, | ||||||
9 | he or she does any of the following: | ||||||
10 | (1) Violates Section 401 of the Illinois Controlled | ||||||
11 | Substances Act by unlawfully delivering a controlled | ||||||
12 | substance to another and any user experiences great bodily | ||||||
13 | harm or permanent disability as a result of the injection, | ||||||
14 | inhalation, or ingestion of any amount of the controlled | ||||||
15 | substance. | ||||||
16 | (2) Knowingly administers to an individual or causes | ||||||
17 | him or her to take, without his or her consent or by threat | ||||||
18 | or deception, and for other than medical purposes, any | ||||||
19 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
20 | or controlled substance, or gives to another person any | ||||||
21 | food containing any substance or object intended to cause | ||||||
22 | physical injury if eaten. | ||||||
23 | (3) Knowingly causes or attempts to cause a | ||||||
24 | correctional institution employee or Department of Human | ||||||
25 | Services employee to come into contact with blood, seminal | ||||||
26 | fluid, urine, or feces by throwing, tossing, or expelling |
| |||||||
| |||||||
1 | the fluid or material, and the person is an inmate of a | ||||||
2 | penal institution or is a sexually dangerous person or | ||||||
3 | sexually violent person in the custody of the Department of | ||||||
4 | Human Services. | ||||||
5 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
6 | battery is a Class 3 felony. | ||||||
7 | Aggravated battery as defined in subdivision (a)(4), | ||||||
8 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
9 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
10 | (g)(1) is a Class 1 felony. | ||||||
11 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
12 | Class 1 felony when the aggravated battery was intentional and | ||||||
13 | involved the infliction of torture, as defined in paragraph | ||||||
14 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
15 | infliction of or subjection to extreme physical pain, motivated | ||||||
16 | by an intent to increase or prolong the pain, suffering, or | ||||||
17 | agony of the victim. | ||||||
18 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
19 | felony if: | ||||||
20 | (A) the person used or attempted to use a dangerous
| ||||||
21 | instrument while committing the offense; or | ||||||
22 | (B) the person caused great bodily harm or
permanent | ||||||
23 | disability or disfigurement to the other
person while | ||||||
24 | committing the offense; or | ||||||
25 | (C) the person has been previously convicted of a
| ||||||
26 | violation of subdivision (a)(5) under the laws of this
|
| |||||||
| |||||||
1 | State or laws similar to subdivision (a)(5) of any other
| ||||||
2 | state. | ||||||
3 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
4 | Class X felony. | ||||||
5 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
6 | Class X felony for which a person shall be sentenced to a term | ||||||
7 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
8 | years. | ||||||
9 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
10 | Class X felony for which a person shall be sentenced to a term | ||||||
11 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
12 | years. | ||||||
13 | Aggravated battery as defined in subdivision (e)(2), | ||||||
14 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
15 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
16 | and a maximum of 60 years. | ||||||
17 | Aggravated battery as defined in subdivision (e)(6), | ||||||
18 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
19 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
20 | and a maximum of 60 years. | ||||||
21 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
22 | Class X felony, except that: | ||||||
23 | (1) if the person committed the offense while armed | ||||||
24 | with a firearm, 15 years shall be added to the term of | ||||||
25 | imprisonment imposed by the court; | ||||||
26 | (2) if, during the commission of the offense, the |
| |||||||
| |||||||
1 | person personally discharged a firearm, 20 years shall be | ||||||
2 | added to the term of imprisonment imposed by the court; | ||||||
3 | (3) if, during the commission of the offense, the | ||||||
4 | person personally discharged a firearm that proximately | ||||||
5 | caused great bodily harm, permanent disability, permanent | ||||||
6 | disfigurement, or death to another person, 25 years or up | ||||||
7 | to a term of natural life shall be added to the term of | ||||||
8 | imprisonment imposed by the court. | ||||||
9 | (i) Definitions. For the purposes of this Section: | ||||||
10 | "Building or other structure used to provide shelter" has | ||||||
11 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
12 | Violence Shelters Act. | ||||||
13 | "Domestic violence" has the meaning ascribed to it in | ||||||
14 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
15 | "Domestic violence shelter" means any building or other | ||||||
16 | structure used to provide shelter or other services to victims | ||||||
17 | or to the dependent children of victims of domestic violence | ||||||
18 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
19 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
20 | such a building or other structure in the case of a person who | ||||||
21 | is going to or from such a building or other structure. | ||||||
22 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
23 | Firearm Owners Identification Card Act, and does
not include an | ||||||
24 | air rifle as defined by Section 1 of the Air
Rifle Act. | ||||||
25 | "Machine gun" has the meaning ascribed to it in Section | ||||||
26 | 24-1 of this Code. |
| |||||||
| |||||||
1 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
2 | of this Code. | ||||||
3 | "Strangle" means
intentionally impeding the normal | ||||||
4 | breathing or circulation of the blood of an individual by | ||||||
5 | applying pressure on the throat
or neck of that individual or | ||||||
6 | by blocking the nose or mouth of
that individual.
| ||||||
7 | (Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | ||||||
8 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. | ||||||
9 | 1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, | ||||||
10 | and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)".
|