Rep. Sue Scherer
Filed: 4/8/2013
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1 | AMENDMENT TO HOUSE BILL 801
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2 | AMENDMENT NO. ______. Amend House Bill 801 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 Section 12-3.05 as follows:
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6 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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7 | Sec. 12-3.05. Aggravated battery.
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8 | (a) Offense based on injury. A person commits aggravated | ||||||
9 | battery when, in committing a battery, other than by the | ||||||
10 | discharge of a firearm, he or she knowingly does any of the | ||||||
11 | following: | ||||||
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 | ||||||
19 | disabled person. A person who is at least 18 years of age | ||||||
20 | commits aggravated battery when, in committing a battery, he or | ||||||
21 | she 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 | ||||||
4 | aggravated battery when, in committing a battery, other than by | ||||||
5 | the discharge of a firearm, he or she is or the person battered | ||||||
6 | is on or about a public way, public property, a public place of | ||||||
7 | accommodation or amusement, a sports venue, or a domestic | ||||||
8 | violence shelter. | ||||||
9 | (d) Offense based on status of victim. A person commits | ||||||
10 | aggravated battery when, in committing a battery, other than by | ||||||
11 | discharge of a firearm, he or she knows the individual battered | ||||||
12 | to 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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1 | aggravated battery when, in committing a battery, he or she | ||||||
2 | knowingly 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 | ||||||
10 | commits aggravated battery when, in committing a battery, he or | ||||||
11 | she 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
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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 | ||||||
23 | aggravated battery when, other than by discharge of a firearm, | ||||||
24 | he 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 | ||||||
21 | battery 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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1 | Class 1 felony when the aggravated battery was intentional and | ||||||
2 | involved the infliction of torture, as defined in paragraph | ||||||
3 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
4 | infliction of or subjection to extreme physical pain, motivated | ||||||
5 | by an intent to increase or prolong the pain, suffering, or | ||||||
6 | agony of the victim. | ||||||
7 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
8 | felony if: | ||||||
9 | (A) the person used or attempted to use a dangerous
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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
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15 | violation of subdivision (a)(5) under the laws of this
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16 | State or laws similar to subdivision (a)(5) of any other
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17 | state. | ||||||
18 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
19 | Class X felony. | ||||||
20 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
21 | Class X felony for which a person shall be sentenced to a term | ||||||
22 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
23 | years. | ||||||
24 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
25 | Class X felony for which a person shall be sentenced to a term | ||||||
26 | of imprisonment of a minimum of 12 years and a maximum of 45 |
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1 | years. | ||||||
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 | ||||||
4 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
5 | and 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 | ||||||
8 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
9 | and a maximum of 60 years. | ||||||
10 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
11 | Class 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 | ||||||
26 | the meaning ascribed to "shelter" in Section 1 of the Domestic |
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1 | Violence Shelters Act. | ||||||
2 | "Domestic violence" has the meaning ascribed to it in | ||||||
3 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
4 | "Domestic violence shelter" means any building or other | ||||||
5 | structure used to provide shelter or other services to victims | ||||||
6 | or to the dependent children of victims of domestic violence | ||||||
7 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
8 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
9 | such a building or other structure in the case of a person who | ||||||
10 | is going to or from such a building or other structure. | ||||||
11 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
12 | Firearm Owners Identification Card Act, and does
not include an | ||||||
13 | air rifle as defined by Section 1 of the Air
Rifle Act. | ||||||
14 | "Machine gun" has the meaning ascribed to it in Section | ||||||
15 | 24-1 of this Code. | ||||||
16 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
17 | of this Code. | ||||||
18 | "Strangle" means
intentionally impeding the normal | ||||||
19 | breathing or circulation of the blood of an individual by | ||||||
20 | applying pressure on the throat
or neck of that individual or | ||||||
21 | by blocking the nose or mouth of
that individual.
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22 | (Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; | ||||||
23 | 96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. | ||||||
24 | 1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, | ||||||
25 | and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)".
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