Rep. Sue Scherer

Filed: 4/8/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 801

2    AMENDMENT NO. ______. Amend House Bill 801 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 12-3.05 as follows:
 
6    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
7    Sec. 12-3.05. Aggravated battery.
8    (a) Offense based on injury. A person commits aggravated
9battery when, in committing a battery, other than by the
10discharge of a firearm, he or she knowingly does any of the
11following:
12        (1) Causes great bodily harm or permanent disability or
13    disfigurement.
14        (2) Causes severe and permanent disability, great
15    bodily harm, or disfigurement by means of a caustic or
16    flammable substance, a poisonous gas, a deadly biological

 

 

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1    or chemical contaminant or agent, a radioactive substance,
2    or a bomb or explosive compound.
3        (3) Causes great bodily harm or permanent disability or
4    disfigurement to an individual whom the person knows to be
5    a peace officer, community policing volunteer, fireman,
6    private security officer, correctional institution
7    employee, or Department of Human Services employee
8    supervising or controlling sexually dangerous persons or
9    sexually violent persons:
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        (4) Causes great bodily harm or permanent disability or
16    disfigurement to an individual 60 years of age or older.
17        (5) Strangles another individual.
18    (b) Offense based on injury to a child or intellectually
19disabled person. A person who is at least 18 years of age
20commits aggravated battery when, in committing a battery, he or
21she knowingly and without legal justification by any means:
22        (1) causes great bodily harm or permanent disability or
23    disfigurement to any child under the age of 13 years, or to
24    any severely or profoundly intellectually disabled person;
25    or
26        (2) causes bodily harm or disability or disfigurement

 

 

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1    to any child under the age of 13 years or to any severely
2    or profoundly intellectually disabled person.
3    (c) Offense based on location of conduct. A person commits
4aggravated battery when, in committing a battery, other than by
5the discharge of a firearm, he or she is or the person battered
6is on or about a public way, public property, a public place of
7accommodation or amusement, a sports venue, or a domestic
8violence shelter.
9    (d) Offense based on status of victim. A person commits
10aggravated battery when, in committing a battery, other than by
11discharge of a firearm, he or she knows the individual battered
12to be any of the following:
13        (1) A person 60 years of age or older.
14        (2) A person who is pregnant or physically handicapped.
15        (3) A teacher or school employee upon school grounds or
16    grounds adjacent to a school or in any part of a building
17    used for school purposes.
18        (4) A peace officer, community policing volunteer,
19    fireman, private security officer, correctional
20    institution employee, or Department of Human Services
21    employee supervising or controlling sexually dangerous
22    persons or sexually violent persons:
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

 

 

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1        or her official duties.
2        (5) A judge, emergency management worker, emergency
3    medical technician, or utility worker:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (6) An officer or employee of the State of Illinois, a
10    unit of local government, or a school district, while
11    performing his or her official duties.
12        (7) A transit employee performing his or her official
13    duties, or a transit passenger.
14        (8) A taxi driver on duty.
15        (9) A merchant who detains the person for an alleged
16    commission of retail theft under Section 16-26 of this Code
17    and the person without legal justification by any means
18    causes bodily harm to the merchant.
19        (10) A person authorized to serve process under Section
20    2-202 of the Code of Civil Procedure or a special process
21    server appointed by the circuit court while that individual
22    is in the performance of his or her duties as a process
23    server.
24        (11) A nurse while in the performance of his or her
25    duties as a nurse.
26    (e) Offense based on use of a firearm. A person commits

 

 

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1aggravated battery when, in committing a battery, he or she
2knowingly does any of the following:
3        (1) Discharges a firearm, other than a machine gun or a
4    firearm equipped with a silencer, and causes any injury to
5    another person.
6        (2) Discharges a firearm, other than a machine gun or a
7    firearm equipped with a silencer, and causes any injury to
8    a person he or she knows to be a peace officer, community
9    policing volunteer, person summoned by a police officer,
10    fireman, private security officer, correctional
11    institution employee, or 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        (3) 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 an emergency medical
20    technician employed by a municipality or other
21    governmental unit:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his
26        or her official duties.

 

 

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1        (4) Discharges a firearm and causes any injury to a
2    person he or she knows to be a teacher, a student in a
3    school, or a school employee, and the teacher, student, or
4    employee is upon school grounds or grounds adjacent to a
5    school or in any part of a building used for school
6    purposes.
7        (5) Discharges a machine gun or a firearm equipped with
8    a silencer, and causes any injury to another person.
9        (6) Discharges a machine gun or a firearm equipped with
10    a silencer, and causes any injury to a person he or she
11    knows to be a peace officer, community policing volunteer,
12    person summoned by a police officer, fireman, private
13    security officer, correctional institution employee or
14    emergency management worker:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (7) 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 an emergency medical technician employed by a
23    municipality or other governmental unit:
24            (i) performing his or her official duties;
25            (ii) battered to prevent performance of his or her
26        official duties; or

 

 

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1            (iii) battered in retaliation for performing his
2        or her official duties.
3        (8) Discharges a machine gun or a firearm equipped with
4    a silencer, and causes any injury to a person he or she
5    knows to be a teacher, or a student in a school, or a
6    school employee, and the teacher, student, or employee is
7    upon school grounds or grounds adjacent to a school or in
8    any part of a building used for school purposes.
9    (f) Offense based on use of a weapon or device. A person
10commits aggravated battery when, in committing a battery, he or
11she does any of the following:
12        (1) Uses a deadly weapon other than by discharge of a
13    firearm, or uses an air rifle as defined in the Air Rifle
14    Act.
15        (2) Wears a hood, robe, or mask to conceal his or her
16    identity.
17        (3) Knowingly and without lawful justification shines
18    or flashes a laser gunsight or other laser device attached
19    to a firearm, or used in concert with a firearm, so that
20    the laser beam strikes upon or against the person of
21    another.
22    (g) Offense based on certain conduct. A person commits
23aggravated battery when, other than by discharge of a firearm,
24he or she does any of the following:
25        (1) Violates Section 401 of the Illinois Controlled
26    Substances Act by unlawfully delivering a controlled

 

 

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1    substance to another and any user experiences great bodily
2    harm or permanent disability as a result of the injection,
3    inhalation, or ingestion of any amount of the controlled
4    substance.
5        (2) Knowingly administers to an individual or causes
6    him or her to take, without his or her consent or by threat
7    or deception, and for other than medical purposes, any
8    intoxicating, poisonous, stupefying, narcotic, anesthetic,
9    or controlled substance, or gives to another person any
10    food containing any substance or object intended to cause
11    physical injury if eaten.
12        (3) Knowingly causes or attempts to cause a
13    correctional institution employee or Department of Human
14    Services employee to come into contact with blood, seminal
15    fluid, urine, or feces by throwing, tossing, or expelling
16    the fluid or material, and the person is an inmate of a
17    penal institution or is a sexually dangerous person or
18    sexually violent person in the custody of the Department of
19    Human Services.
20    (h) Sentence. Unless otherwise provided, aggravated
21battery is a Class 3 felony.
22    Aggravated battery as defined in subdivision (a)(4),
23(d)(4), or (g)(3) is a Class 2 felony.
24    Aggravated battery as defined in subdivision (a)(3) or
25(g)(1) is a Class 1 felony.
26    Aggravated battery as defined in subdivision (a)(1) is a

 

 

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1Class 1 felony when the aggravated battery was intentional and
2involved the infliction of torture, as defined in paragraph
3(14) of subsection (b) of Section 9-1 of this Code, as the
4infliction of or subjection to extreme physical pain, motivated
5by an intent to increase or prolong the pain, suffering, or
6agony of the victim.
7    Aggravated battery under subdivision (a)(5) is a Class 1
8felony if:
9        (A) the person used or attempted to use a dangerous
10    instrument while committing the offense; or
11        (B) the person caused great bodily harm or permanent
12    disability or disfigurement to the other person while
13    committing the offense; or
14        (C) the person has been previously convicted of a
15    violation of subdivision (a)(5) under the laws of this
16    State or laws similar to subdivision (a)(5) of any other
17    state.
18    Aggravated battery as defined in subdivision (e)(1) is a
19Class X felony.
20    Aggravated battery as defined in subdivision (a)(2) is a
21Class X felony for which a person shall be sentenced to a term
22of imprisonment of a minimum of 6 years and a maximum of 45
23years.
24    Aggravated battery as defined in subdivision (e)(5) is a
25Class X felony for which a person shall be sentenced to a term
26of imprisonment of a minimum of 12 years and a maximum of 45

 

 

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1years.
2    Aggravated battery as defined in subdivision (e)(2),
3(e)(3), or (e)(4) is a Class X felony for which a person shall
4be sentenced to a term of imprisonment of a minimum of 15 years
5and a maximum of 60 years.
6    Aggravated battery as defined in subdivision (e)(6),
7(e)(7), or (e)(8) is a Class X felony for which a person shall
8be sentenced to a term of imprisonment of a minimum of 20 years
9and a maximum of 60 years.
10    Aggravated battery as defined in subdivision (b)(1) is a
11Class X felony, except that:
12        (1) if the person committed the offense while armed
13    with a firearm, 15 years shall be added to the term of
14    imprisonment imposed by the court;
15        (2) if, during the commission of the offense, the
16    person personally discharged a firearm, 20 years shall be
17    added to the term of imprisonment imposed by the court;
18        (3) if, during the commission of the offense, the
19    person personally discharged a firearm that proximately
20    caused great bodily harm, permanent disability, permanent
21    disfigurement, or death to another person, 25 years or up
22    to a term of natural life shall be added to the term of
23    imprisonment imposed by the court.
24    (i) Definitions. For the purposes of this Section:
25    "Building or other structure used to provide shelter" has
26the meaning ascribed to "shelter" in Section 1 of the Domestic

 

 

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1Violence Shelters Act.
2    "Domestic violence" has the meaning ascribed to it in
3Section 103 of the Illinois Domestic Violence Act of 1986.
4    "Domestic violence shelter" means any building or other
5structure used to provide shelter or other services to victims
6or to the dependent children of victims of domestic violence
7pursuant to the Illinois Domestic Violence Act of 1986 or the
8Domestic Violence Shelters Act, or any place within 500 feet of
9such a building or other structure in the case of a person who
10is going to or from such a building or other structure.
11    "Firearm" has the meaning provided under Section 1.1 of the
12Firearm Owners Identification Card Act, and does not include an
13air rifle as defined by Section 1 of the Air Rifle Act.
14    "Machine gun" has the meaning ascribed to it in Section
1524-1 of this Code.
16    "Merchant" has the meaning ascribed to it in Section 16-0.1
17of this Code.
18    "Strangle" means intentionally impeding the normal
19breathing or circulation of the blood of an individual by
20applying pressure on the throat or neck of that individual or
21by blocking the nose or mouth of that individual.
22(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
2396-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff.
241-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12,
25and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)".