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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by changing | |||||||||||||||||||||||||||
5 | Sections 12-0.1, 12-2, 12-3.05, 24-1.2, and 24-1.2-5 as | |||||||||||||||||||||||||||
6 | follows: | |||||||||||||||||||||||||||
7 | (720 ILCS 5/12-0.1)
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8 | Sec. 12-0.1. Definitions. In this Article, unless the | |||||||||||||||||||||||||||
9 | context clearly requires otherwise: | |||||||||||||||||||||||||||
10 | "Bona fide labor dispute" means any controversy concerning | |||||||||||||||||||||||||||
11 | wages, salaries, hours, working conditions, or benefits, | |||||||||||||||||||||||||||
12 | including health and welfare, sick leave, insurance, and | |||||||||||||||||||||||||||
13 | pension or retirement provisions, the making or maintaining of | |||||||||||||||||||||||||||
14 | collective bargaining agreements, and the terms to be included | |||||||||||||||||||||||||||
15 | in those agreements. | |||||||||||||||||||||||||||
16 | "Coach" means a person recognized as a coach by the | |||||||||||||||||||||||||||
17 | sanctioning authority that conducts an athletic contest. | |||||||||||||||||||||||||||
18 | "Correctional institution employee" means a person | |||||||||||||||||||||||||||
19 | employed by a penal institution. | |||||||||||||||||||||||||||
20 | "Emergency medical services personnel technician " has the | |||||||||||||||||||||||||||
21 | meaning specified in Section 3.5 of the Emergency Medical | |||||||||||||||||||||||||||
22 | Services (EMS) Systems Act includes a paramedic, ambulance | |||||||||||||||||||||||||||
23 | driver, first aid worker, hospital worker, or other medical |
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1 | assistance worker . | ||||||
2 | "Family or household members" include spouses, former | ||||||
3 | spouses, parents, children, stepchildren, and other persons | ||||||
4 | related by blood or by present or prior marriage, persons who | ||||||
5 | share or formerly shared a common dwelling, persons who have or | ||||||
6 | allegedly have a child in common, persons who share or | ||||||
7 | allegedly share a blood relationship through a child, persons | ||||||
8 | who have or have had a dating or engagement relationship, | ||||||
9 | persons with disabilities and their personal assistants, and | ||||||
10 | caregivers as defined in Section 12-4.4a of this Code. For | ||||||
11 | purposes of this Article, neither a casual acquaintanceship nor | ||||||
12 | ordinary fraternization between 2 individuals in business or | ||||||
13 | social contexts shall be deemed to constitute a dating | ||||||
14 | relationship. | ||||||
15 | "In the presence of a child" means in the physical presence | ||||||
16 | of a child or knowing or having reason to know that a child is | ||||||
17 | present and may see or hear an act constituting an offense. | ||||||
18 | "Park district employee" means a supervisor, director, | ||||||
19 | instructor, or other person employed by a park district. | ||||||
20 | "Person with a physical disability" means a person who | ||||||
21 | suffers from a permanent and disabling physical | ||||||
22 | characteristic, resulting from disease, injury, functional | ||||||
23 | disorder, or congenital condition. | ||||||
24 | "Private security officer" means a registered employee of a | ||||||
25 | private security contractor agency under the Private | ||||||
26 | Detective, Private Alarm, Private Security, Fingerprint |
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1 | Vendor, and Locksmith Act of 2004. | ||||||
2 | "Probation officer" means a person as defined in the | ||||||
3 | Probation and Probation Officers Act. | ||||||
4 | "Sports official" means a person at an athletic contest who | ||||||
5 | enforces the rules of the contest, such as an umpire or | ||||||
6 | referee. | ||||||
7 | "Sports venue" means a publicly or privately owned sports | ||||||
8 | or entertainment arena, stadium, community or convention hall, | ||||||
9 | special event center, or amusement facility, or a special event | ||||||
10 | center in a public park, during the 12 hours before or after | ||||||
11 | the sanctioned sporting event. | ||||||
12 | "Streetgang", "streetgang member", and "criminal street | ||||||
13 | gang" have the meanings ascribed to those terms in Section 10 | ||||||
14 | of the Illinois Streetgang Terrorism Omnibus Prevention Act. | ||||||
15 | "Transit employee" means a driver, operator, or employee of | ||||||
16 | any transportation facility or system engaged in the business | ||||||
17 | of transporting the public for hire. | ||||||
18 | "Transit passenger" means a passenger of any | ||||||
19 | transportation facility or system engaged in the business of | ||||||
20 | transporting the public for hire, including a passenger using | ||||||
21 | any area designated by a transportation facility or system as a | ||||||
22 | vehicle boarding, departure, or transfer location. | ||||||
23 | "Utility worker" means any of the following: | ||||||
24 | (1) A person employed by a public utility as defined in | ||||||
25 | Section 3-105 of the Public Utilities Act. | ||||||
26 | (2) An employee of a municipally owned utility. |
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1 | (3) An employee of a cable television company. | ||||||
2 | (4) An employee of an electric cooperative as defined | ||||||
3 | in Section 3-119 of the Public Utilities Act. | ||||||
4 | (5) An independent contractor or an employee of an | ||||||
5 | independent contractor working on behalf of a cable | ||||||
6 | television company, public utility, municipally owned | ||||||
7 | utility, or electric cooperative. | ||||||
8 | (6) An employee of a telecommunications carrier as | ||||||
9 | defined in Section 13-202 of the Public Utilities Act, or | ||||||
10 | an independent contractor or an employee of an independent | ||||||
11 | contractor working on behalf of a telecommunications | ||||||
12 | carrier. | ||||||
13 | (7) An employee of a telephone or telecommunications | ||||||
14 | cooperative as defined in Section 13-212 of the Public | ||||||
15 | Utilities Act, or an independent contractor or an employee | ||||||
16 | of an independent contractor working on behalf of a | ||||||
17 | telephone or telecommunications cooperative.
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18 | (Source: P.A. 99-143, eff. 7-27-15.)
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19 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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20 | Sec. 12-2. Aggravated assault.
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21 | (a) Offense based on location of conduct. A person commits | ||||||
22 | aggravated assault when he or she commits an assault against an | ||||||
23 | individual who is on or about a public way, public property, a | ||||||
24 | public place of accommodation or amusement, or a sports venue. | ||||||
25 | (b) Offense based on status of victim. A person commits |
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1 | aggravated assault when, in committing an assault, he or she | ||||||
2 | knows the individual assaulted to be any of the following: | ||||||
3 | (1) A person with a physical disability or a person 60 | ||||||
4 | years of age or older and the assault is without legal | ||||||
5 | justification. | ||||||
6 | (2) A teacher or school employee upon school grounds or | ||||||
7 | grounds adjacent to a school or in any part of a building | ||||||
8 | used for school purposes. | ||||||
9 | (3) A park district employee upon park grounds or | ||||||
10 | grounds adjacent to a park or in any part of a building | ||||||
11 | used for park purposes. | ||||||
12 | (4) A community policing volunteer, private security | ||||||
13 | officer, or utility worker: | ||||||
14 | (i) performing his or her official duties; | ||||||
15 | (ii) assaulted to prevent performance of his or her | ||||||
16 | official duties; or | ||||||
17 | (iii) assaulted in retaliation for performing his | ||||||
18 | or her official duties. | ||||||
19 | (4.1) A peace officer, fireman, emergency management | ||||||
20 | worker, or emergency medical services personnel | ||||||
21 | technician : | ||||||
22 | (i) performing his or her official duties; | ||||||
23 | (ii) assaulted to prevent performance of his or her | ||||||
24 | official duties; or | ||||||
25 | (iii) assaulted in retaliation for performing his | ||||||
26 | or her official duties. |
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1 | (5) A correctional officer or probation officer: | ||||||
2 | (i) performing his or her official duties; | ||||||
3 | (ii) assaulted to prevent performance of his or her | ||||||
4 | official duties; or | ||||||
5 | (iii) assaulted in retaliation for performing his | ||||||
6 | or her official duties. | ||||||
7 | (6) A correctional institution employee, a county | ||||||
8 | juvenile detention center employee who provides direct and | ||||||
9 | continuous supervision of residents of a juvenile | ||||||
10 | detention center, including a county juvenile detention | ||||||
11 | center employee who supervises recreational activity for | ||||||
12 | residents of a juvenile detention center, or a Department | ||||||
13 | of Human Services employee, Department of Human Services | ||||||
14 | officer, or employee of a subcontractor of the Department | ||||||
15 | of Human Services supervising or controlling sexually | ||||||
16 | dangerous persons or sexually violent persons: | ||||||
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 | (7) An employee of the State of Illinois, a municipal | ||||||
23 | corporation therein, or a political subdivision thereof, | ||||||
24 | performing his or her official duties. | ||||||
25 | (8) A transit employee performing his or her official | ||||||
26 | duties, or a transit passenger. |
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1 | (9) A sports official or coach actively participating | ||||||
2 | in any level of athletic competition within a sports venue, | ||||||
3 | on an indoor playing field or outdoor playing field, or | ||||||
4 | within the immediate vicinity of such a facility or field. | ||||||
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 | ||||||
8 | individual is in the performance of his or her duties as a | ||||||
9 | process server. | ||||||
10 | (c) Offense based on use of firearm, device, or motor | ||||||
11 | vehicle. A person commits aggravated assault when, in | ||||||
12 | committing an assault, he or she does any of the following: | ||||||
13 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
14 | Section 24.8-0.1 of this Act, or any device manufactured | ||||||
15 | and designed to be substantially similar in appearance to a | ||||||
16 | firearm, other than by discharging a firearm. | ||||||
17 | (2) Discharges a firearm, other than from a motor | ||||||
18 | vehicle. | ||||||
19 | (3) Discharges a firearm from a motor vehicle. | ||||||
20 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
21 | identity. | ||||||
22 | (5) Knowingly and without lawful justification shines | ||||||
23 | or flashes a laser gun sight or other laser device attached | ||||||
24 | to a firearm, or used in concert with a firearm, so that | ||||||
25 | the laser beam strikes near or in the immediate vicinity of | ||||||
26 | any person. |
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1 | (6) Uses a firearm, other than by discharging the | ||||||
2 | firearm, against a peace officer, community policing | ||||||
3 | volunteer, fireman, private security officer, emergency | ||||||
4 | management worker, emergency medical services personnel | ||||||
5 | technician , employee of a police department, employee of a | ||||||
6 | sheriff's department, or traffic control municipal | ||||||
7 | employee: | ||||||
8 | (i) performing his or her official duties; | ||||||
9 | (ii) assaulted to prevent performance of his or her | ||||||
10 | official duties; or | ||||||
11 | (iii) assaulted in retaliation for performing his | ||||||
12 | or her official duties. | ||||||
13 | (7) Without justification operates a motor vehicle in a | ||||||
14 | manner which places a person, other than a person listed in | ||||||
15 | subdivision (b)(4), in reasonable apprehension of being | ||||||
16 | struck by the moving motor vehicle. | ||||||
17 | (8) Without justification operates a motor vehicle in a | ||||||
18 | manner which places a person listed in subdivision (b)(4), | ||||||
19 | in reasonable apprehension of being struck by the moving | ||||||
20 | motor vehicle. | ||||||
21 | (9) Knowingly video or audio records the offense with | ||||||
22 | the intent to disseminate the recording. | ||||||
23 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
24 | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | ||||||
25 | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that | ||||||
26 | aggravated assault as defined in subdivision (b)(4) and (b)(7) |
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1 | is a Class 4 felony if a Category I, Category II, or Category | ||||||
2 | III weapon is used in the commission of the assault. Aggravated | ||||||
3 | assault as defined in subdivision (b)(4.1), (b)(5), (b)(6), | ||||||
4 | (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. | ||||||
5 | Aggravated assault as defined in subdivision (c)(3) or (c)(8) | ||||||
6 | is a Class 3 felony. | ||||||
7 | (e) For the purposes of this Section, "Category I weapon", | ||||||
8 | "Category II weapon, and "Category III weapon" have the | ||||||
9 | meanings ascribed to those terms in Section 33A-1 of this Code.
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10 | (Source: P.A. 98-385, eff. 1-1-14; 99-78, eff. 7-20-15; 99-143, | ||||||
11 | eff. 7-27-15; 99-256, eff. 1-1-16; revised 10-19-15.)
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12 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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13 | Sec. 12-3.05. Aggravated battery.
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14 | (a) Offense based on injury. A person commits aggravated | ||||||
15 | battery when, in committing a battery, other than by the | ||||||
16 | discharge of a firearm, he or she knowingly does any of the | ||||||
17 | following: | ||||||
18 | (1) Causes great bodily harm or permanent disability or | ||||||
19 | disfigurement. | ||||||
20 | (2) Causes severe and permanent disability, great | ||||||
21 | bodily harm, or disfigurement by means of a caustic or | ||||||
22 | flammable substance, a poisonous gas, a deadly biological | ||||||
23 | or chemical contaminant or agent, a radioactive substance, | ||||||
24 | or a bomb or explosive compound. | ||||||
25 | (3) Causes great bodily harm or permanent disability or |
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1 | disfigurement to an individual whom the person knows to be | ||||||
2 | a peace officer, community policing volunteer, fireman, | ||||||
3 | private security officer, correctional institution | ||||||
4 | employee, or Department of Human Services employee | ||||||
5 | supervising or controlling sexually dangerous persons or | ||||||
6 | sexually violent persons: | ||||||
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) Causes great bodily harm or permanent disability or | ||||||
13 | disfigurement to an individual 60 years of age or older. | ||||||
14 | (5) Strangles another individual. | ||||||
15 | (b) Offense based on injury to a child or person with an | ||||||
16 | intellectual disability. A person who is at least 18 years of | ||||||
17 | age commits aggravated battery when, in committing a battery, | ||||||
18 | he or she knowingly and without legal justification by any | ||||||
19 | means: | ||||||
20 | (1) causes great bodily harm or permanent disability or | ||||||
21 | disfigurement to any child under the age of 13 years, or to | ||||||
22 | any person with a severe or profound intellectual | ||||||
23 | disability; or | ||||||
24 | (2) causes bodily harm or disability or disfigurement | ||||||
25 | to any child under the age of 13 years or to any person | ||||||
26 | with a severe or profound intellectual disability. |
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1 | (c) Offense based on location of conduct. A person commits | ||||||
2 | aggravated battery when, in committing a battery, other than by | ||||||
3 | the discharge of a firearm, he or she is or the person battered | ||||||
4 | is on or about a public way, public property, a public place of | ||||||
5 | accommodation or amusement, a sports venue, or a domestic | ||||||
6 | violence shelter. | ||||||
7 | (d) Offense based on status of victim. A person commits | ||||||
8 | aggravated battery when, in committing a battery, other than by | ||||||
9 | discharge of a firearm, he or she knows the individual battered | ||||||
10 | to be any of the following: | ||||||
11 | (1) A person 60 years of age or older. | ||||||
12 | (2) A person who is pregnant or has a physical | ||||||
13 | disability. | ||||||
14 | (3) A teacher or school employee upon school grounds or | ||||||
15 | grounds adjacent to a school or in any part of a building | ||||||
16 | used for school purposes. | ||||||
17 | (4) A peace officer, community policing volunteer, | ||||||
18 | fireman, private security officer, correctional | ||||||
19 | institution employee, or Department of Human Services | ||||||
20 | employee supervising or controlling sexually dangerous | ||||||
21 | persons or sexually violent persons: | ||||||
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 | (5) A judge, emergency management worker, emergency | ||||||
2 | medical services personnel technician , or utility worker: | ||||||
3 | (i) performing his or her official duties; | ||||||
4 | (ii) battered to prevent performance of his or her | ||||||
5 | official duties; or | ||||||
6 | (iii) battered in retaliation for performing his | ||||||
7 | or her official duties. | ||||||
8 | (6) An officer or employee of the State of Illinois, a | ||||||
9 | unit of local government, or a school district, while | ||||||
10 | performing his or her official duties. | ||||||
11 | (7) A transit employee performing his or her official | ||||||
12 | duties, or a transit passenger. | ||||||
13 | (8) A taxi driver on duty. | ||||||
14 | (9) A merchant who detains the person for an alleged | ||||||
15 | commission of retail theft under Section 16-26 of this Code | ||||||
16 | and the person without legal justification by any means | ||||||
17 | causes bodily harm to the merchant. | ||||||
18 | (10) A person authorized to serve process under Section | ||||||
19 | 2-202 of the Code of Civil Procedure or a special process | ||||||
20 | server appointed by the circuit court while that individual | ||||||
21 | is in the performance of his or her duties as a process | ||||||
22 | server. | ||||||
23 | (11) A nurse while in the performance of his or her | ||||||
24 | duties as a nurse. | ||||||
25 | (e) Offense based on use of a firearm. A person commits | ||||||
26 | aggravated battery when, in committing a battery, he or she |
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1 | knowingly does any of the following: | ||||||
2 | (1) Discharges a firearm, other than a machine gun or a | ||||||
3 | firearm equipped with a silencer, and causes any injury to | ||||||
4 | another person. | ||||||
5 | (2) Discharges a firearm, other than a machine gun or a | ||||||
6 | firearm equipped with a silencer, and causes any injury to | ||||||
7 | a person he or she knows to be a peace officer, community | ||||||
8 | policing volunteer, person summoned by a police officer, | ||||||
9 | fireman, private security officer, correctional | ||||||
10 | institution employee, or emergency management worker: | ||||||
11 | (i) performing his or her official duties; | ||||||
12 | (ii) battered to prevent performance of his or her | ||||||
13 | official duties; or | ||||||
14 | (iii) battered in retaliation for performing his | ||||||
15 | or her official duties. | ||||||
16 | (3) Discharges a firearm, other than a machine gun or a | ||||||
17 | firearm equipped with a silencer, and causes any injury to | ||||||
18 | a person he or she knows to be an emergency medical | ||||||
19 | services personnel technician employed by a municipality | ||||||
20 | or other governmental unit : | ||||||
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 | (4) Discharges a firearm and causes any injury to a |
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1 | person he or she knows to be a teacher, a student in a | ||||||
2 | school, or a school employee, and the teacher, student, or | ||||||
3 | employee is upon school grounds or grounds adjacent to a | ||||||
4 | school or in any part of a building used for school | ||||||
5 | purposes. | ||||||
6 | (5) Discharges a machine gun or a firearm equipped with | ||||||
7 | a silencer, and causes any injury to another person. | ||||||
8 | (6) Discharges a machine gun or a firearm equipped with | ||||||
9 | a silencer, and causes any injury to a person he or she | ||||||
10 | knows to be a peace officer, community policing volunteer, | ||||||
11 | person summoned by a police officer, fireman, private | ||||||
12 | security officer, correctional institution employee or | ||||||
13 | emergency management worker: | ||||||
14 | (i) performing his or her official duties; | ||||||
15 | (ii) battered to prevent performance of his or her | ||||||
16 | official duties; or | ||||||
17 | (iii) battered in retaliation for performing his | ||||||
18 | or her official duties. | ||||||
19 | (7) Discharges a machine gun or a firearm equipped with | ||||||
20 | a silencer, and causes any injury to a person he or she | ||||||
21 | knows to be an emergency medical services personnel | ||||||
22 | technician employed by a municipality or other | ||||||
23 | 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 Section | ||||||
14 | 24.8-0.1 of this Code. | ||||||
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 | (4) Knowingly video or audio records the offense with | ||||||
23 | the intent to disseminate the recording. | ||||||
24 | (g) Offense based on certain conduct. A person commits | ||||||
25 | aggravated battery when, other than by discharge of a firearm, | ||||||
26 | he or she does any of the following: |
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1 | (1) Violates Section 401 of the Illinois Controlled | ||||||
2 | Substances Act by unlawfully delivering a controlled | ||||||
3 | substance to another and any user experiences great bodily | ||||||
4 | harm or permanent disability as a result of the injection, | ||||||
5 | inhalation, or ingestion of any amount of the controlled | ||||||
6 | substance. | ||||||
7 | (2) Knowingly administers to an individual or causes | ||||||
8 | him or her to take, without his or her consent or by threat | ||||||
9 | or deception, and for other than medical purposes, any | ||||||
10 | intoxicating, poisonous, stupefying, narcotic, anesthetic, | ||||||
11 | or controlled substance, or gives to another person any | ||||||
12 | food containing any substance or object intended to cause | ||||||
13 | physical injury if eaten. | ||||||
14 | (3) Knowingly causes or attempts to cause a | ||||||
15 | correctional institution employee or Department of Human | ||||||
16 | Services employee to come into contact with blood, seminal | ||||||
17 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
18 | the fluid or material, and the person is an inmate of a | ||||||
19 | penal institution or is a sexually dangerous person or | ||||||
20 | sexually violent person in the custody of the Department of | ||||||
21 | Human Services. | ||||||
22 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
23 | battery is a Class 3 felony. | ||||||
24 | Aggravated battery as defined in subdivision (a)(4), | ||||||
25 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
26 | Aggravated battery as defined in subdivision (a)(3) or |
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1 | (g)(1) is a Class 1 felony. | ||||||
2 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
3 | Class 1 felony when the aggravated battery was intentional and | ||||||
4 | involved the infliction of torture, as defined in paragraph | ||||||
5 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
6 | infliction of or subjection to extreme physical pain, motivated | ||||||
7 | by an intent to increase or prolong the pain, suffering, or | ||||||
8 | agony of the victim. | ||||||
9 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
10 | felony if: | ||||||
11 | (A) the person used or attempted to use a dangerous
| ||||||
12 | instrument while committing the offense; or | ||||||
13 | (B) the person caused great bodily harm or
permanent | ||||||
14 | disability or disfigurement to the other
person while | ||||||
15 | committing the offense; or | ||||||
16 | (C) the person has been previously convicted of a
| ||||||
17 | violation of subdivision (a)(5) under the laws of this
| ||||||
18 | State or laws similar to subdivision (a)(5) of any other
| ||||||
19 | state. | ||||||
20 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
21 | Class X felony. | ||||||
22 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
23 | Class X felony for which a person shall be sentenced to a term | ||||||
24 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
25 | years. | ||||||
26 | Aggravated battery as defined in subdivision (e)(5) is a |
| |||||||
| |||||||
1 | Class X felony for which a person shall be sentenced to a term | ||||||
2 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
3 | years. | ||||||
4 | Aggravated battery as defined in subdivision (e)(2), | ||||||
5 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
6 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
7 | and a maximum of 60 years. | ||||||
8 | Aggravated battery as defined in subdivision (e)(6), | ||||||
9 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
10 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
11 | and a maximum of 60 years. | ||||||
12 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
13 | Class X felony, except that: | ||||||
14 | (1) if the person committed the offense while armed | ||||||
15 | with a firearm, 15 years shall be added to the term of | ||||||
16 | imprisonment imposed by the court; | ||||||
17 | (2) if, during the commission of the offense, the | ||||||
18 | person personally discharged a firearm, 20 years shall be | ||||||
19 | added to the term of imprisonment imposed by the court; | ||||||
20 | (3) if, during the commission of the offense, the | ||||||
21 | person personally discharged a firearm that proximately | ||||||
22 | caused great bodily harm, permanent disability, permanent | ||||||
23 | disfigurement, or death to another person, 25 years or up | ||||||
24 | to a term of natural life shall be added to the term of | ||||||
25 | imprisonment imposed by the court. | ||||||
26 | (i) Definitions. For the purposes of this Section: |
| |||||||
| |||||||
1 | "Building or other structure used to provide shelter" has | ||||||
2 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
3 | Violence Shelters Act. | ||||||
4 | "Domestic violence" has the meaning ascribed to it in | ||||||
5 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
6 | "Domestic violence shelter" means any building or other | ||||||
7 | structure used to provide shelter or other services to victims | ||||||
8 | or to the dependent children of victims of domestic violence | ||||||
9 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
10 | Domestic Violence Shelters Act, or any place within 500 feet of | ||||||
11 | such a building or other structure in the case of a person who | ||||||
12 | is going to or from such a building or other structure. | ||||||
13 | "Firearm" has the meaning provided under Section 1.1
of the | ||||||
14 | Firearm Owners Identification Card Act, and does
not include an | ||||||
15 | air rifle as defined by Section 24.8-0.1 of this Code. | ||||||
16 | "Machine gun" has the meaning ascribed to it in Section | ||||||
17 | 24-1 of this Code. | ||||||
18 | "Merchant" has the meaning ascribed to it in Section 16-0.1 | ||||||
19 | of this Code. | ||||||
20 | "Strangle" means
intentionally impeding the normal | ||||||
21 | breathing or circulation of the blood of an individual by | ||||||
22 | applying pressure on the throat
or neck of that individual or | ||||||
23 | by blocking the nose or mouth of
that individual.
| ||||||
24 | (Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, | ||||||
25 | eff. 7-16-14; 99-143, eff. 7-27-15.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
| ||||||
2 | Sec. 24-1.2. Aggravated discharge of a firearm. | ||||||
3 | (a) A person commits aggravated discharge of a firearm when | ||||||
4 | he or she
knowingly or
intentionally:
| ||||||
5 | (1) Discharges a firearm at or into a building he or | ||||||
6 | she knows or
reasonably
should know to be
occupied and the | ||||||
7 | firearm is discharged from a place or position outside
that | ||||||
8 | building;
| ||||||
9 | (2) Discharges a firearm in the direction of another | ||||||
10 | person or in the
direction of a vehicle he or she knows or | ||||||
11 | reasonably should know to be
occupied by a person;
| ||||||
12 | (3) Discharges a firearm in the direction of a person | ||||||
13 | he or she knows
to be
a peace officer, a community policing | ||||||
14 | volunteer, a
correctional institution employee, or a | ||||||
15 | fireman while the officer,
volunteer,
employee or fireman | ||||||
16 | is engaged in the execution of any of his or her
official
| ||||||
17 | duties, or to prevent the officer, volunteer, employee or | ||||||
18 | fireman from
performing his or her
official duties, or in | ||||||
19 | retaliation for the officer, volunteer, employee or
| ||||||
20 | fireman
performing his or her official duties;
| ||||||
21 | (4) Discharges a firearm in the direction of a vehicle | ||||||
22 | he or she knows
to be
occupied by a peace officer, a person | ||||||
23 | summoned or directed by a peace
officer, a correctional | ||||||
24 | institution employee or a fireman while the
officer, | ||||||
25 | employee or fireman is engaged in the execution of any of | ||||||
26 | his or
her
official duties, or to prevent the officer, |
| |||||||
| |||||||
1 | employee or fireman from
performing his or her official | ||||||
2 | duties, or in retaliation for the officer,
employee or | ||||||
3 | fireman performing his or her official duties;
| ||||||
4 | (5) Discharges a firearm in the direction of a person | ||||||
5 | he or she knows
to be
an emergency medical services | ||||||
6 | personnel who technician - ambulance, emergency medical
| ||||||
7 | technician - intermediate, emergency medical technician - | ||||||
8 | paramedic, ambulance
driver, or other medical assistance | ||||||
9 | or first aid
personnel, employed by a municipality or other | ||||||
10 | governmental unit, while the
emergency medical technician - | ||||||
11 | ambulance, emergency medical
technician - intermediate, | ||||||
12 | emergency medical technician - paramedic, ambulance
| ||||||
13 | driver, or other medical assistance or first aid
personnel | ||||||
14 | is engaged in the execution of any of his or her official | ||||||
15 | duties,
or to
prevent the
emergency medical services | ||||||
16 | personnel technician - ambulance, emergency medical
| ||||||
17 | technician - intermediate, emergency medical technician - | ||||||
18 | paramedic, ambulance
driver, or other medical assistance | ||||||
19 | or
first aid personnel from performing his or her official | ||||||
20 | duties, or in
retaliation
for the
emergency medical | ||||||
21 | services personnel technician - ambulance, emergency | ||||||
22 | medical
technician - intermediate, emergency medical | ||||||
23 | technician - paramedic, ambulance
driver, or other medical | ||||||
24 | assistance or first
aid personnel performing his or her | ||||||
25 | official duties;
| ||||||
26 | (6) Discharges a firearm in the direction of a vehicle |
| |||||||
| |||||||
1 | he or she knows
to
be occupied by an emergency medical | ||||||
2 | services personnel technician - ambulance, emergency | ||||||
3 | medical
technician - intermediate, emergency medical | ||||||
4 | technician - paramedic,
ambulance
driver, or other medical | ||||||
5 | assistance
or first aid personnel, employed by a | ||||||
6 | municipality or other governmental
unit, while the
| ||||||
7 | emergency medical services personnel is technician - | ||||||
8 | ambulance, emergency medical
technician - intermediate, | ||||||
9 | emergency medical technician - paramedic, ambulance
| ||||||
10 | driver, or other medical assistance or
first aid personnel | ||||||
11 | is engaged in the execution of any of his or her
official
| ||||||
12 | duties, or to prevent the
emergency medical services | ||||||
13 | personnel technician - ambulance, emergency medical
| ||||||
14 | technician - intermediate, emergency medical technician - | ||||||
15 | paramedic, ambulance
driver, or other medical
assistance | ||||||
16 | or first aid personnel from performing his or her official
| ||||||
17 | duties, or
in retaliation for the
emergency medical | ||||||
18 | services personnel technician - ambulance, emergency | ||||||
19 | medical
technician - intermediate, emergency medical | ||||||
20 | technician - paramedic, ambulance
driver, or other medical
| ||||||
21 | assistance or first aid personnel performing his or her | ||||||
22 | official duties;
| ||||||
23 | (7) Discharges a firearm in the direction of a person | ||||||
24 | he or she knows to
be a teacher or other person employed in | ||||||
25 | any school and the teacher or other
employee is upon the | ||||||
26 | grounds of a school or grounds adjacent to a school, or is
|
| |||||||
| |||||||
1 | in any part of a building used for school purposes;
| ||||||
2 | (8) Discharges a firearm in the direction of a person | ||||||
3 | he or she knows to
be an emergency management worker while | ||||||
4 | the emergency management worker is
engaged in the execution | ||||||
5 | of any of his or her official duties, or to prevent
the | ||||||
6 | emergency management worker from performing his or her | ||||||
7 | official duties, or
in retaliation for the emergency | ||||||
8 | management worker performing his or her
official duties; or
| ||||||
9 | (9) Discharges a firearm in the direction of a vehicle | ||||||
10 | he or she knows to
be occupied by an emergency management | ||||||
11 | worker while the emergency management
worker is engaged in | ||||||
12 | the execution of any of his or her official duties, or to
| ||||||
13 | prevent the emergency management worker from performing | ||||||
14 | his or her official
duties, or in retaliation for the | ||||||
15 | emergency management worker performing his or
her official | ||||||
16 | duties.
| ||||||
17 | (b) A violation of subsection (a)(1) or subsection (a)(2) | ||||||
18 | of this
Section is a Class 1 felony.
A violation of
subsection | ||||||
19 | (a)(1) or (a)(2)
of this Section committed in a school, on the | ||||||
20 | real property comprising a
school,
within 1,000 feet of the | ||||||
21 | real property comprising a school, at a school related
activity | ||||||
22 | or on or within 1,000 feet of any conveyance owned, leased, or
| ||||||
23 | contracted by a school to transport students to or from school | ||||||
24 | or a school
related activity, regardless of the time of day or | ||||||
25 | time of year that the
offense was committed is a Class X | ||||||
26 | felony.
A violation of subsection (a)(3), (a)(4),
(a)(5), |
| |||||||
| |||||||
1 | (a)(6), (a)(7), (a)(8), or (a)(9) of this Section is a Class
X | ||||||
2 | felony for which the
sentence shall be a term of imprisonment | ||||||
3 | of no less than 10 years and not more
than 45 years.
| ||||||
4 | (c) For purposes of this Section:
| ||||||
5 | "Emergency medical services personnel" has the meaning | ||||||
6 | specified in Section 3.5 of the Emergency Medical Services | ||||||
7 | (EMS) Systems Act. | ||||||
8 | "School" means a public or private elementary or secondary | ||||||
9 | school,
community college, college, or university.
| ||||||
10 | "School related activity" means any sporting, social, | ||||||
11 | academic, or other
activity for which students' attendance or | ||||||
12 | participation is sponsored,
organized, or funded in whole or in | ||||||
13 | part by a school or school district.
| ||||||
14 | (Source: P.A. 94-243, eff. 1-1-06.)
| ||||||
15 | (720 ILCS 5/24-1.2-5)
| ||||||
16 | Sec. 24-1.2-5. Aggravated discharge of a
machine gun or a | ||||||
17 | firearm equipped with a device designed or used for silencing
| ||||||
18 | the report of a firearm.
| ||||||
19 | (a) A person commits aggravated discharge of a
machine gun | ||||||
20 | or a firearm equipped with a device designed or used for | ||||||
21 | silencing
the report of a firearm
when he or she knowingly or
| ||||||
22 | intentionally:
| ||||||
23 | (1) Discharges a
machine gun or a firearm equipped with | ||||||
24 | a device designed or used for silencing
the report of a | ||||||
25 | firearm
at or into a building he or she knows to be
|
| |||||||
| |||||||
1 | occupied and the
machine gun or the firearm equipped with a | ||||||
2 | device designed or used for
silencing
the report of a | ||||||
3 | firearm
is discharged from a place or position outside
that | ||||||
4 | building;
| ||||||
5 | (2) Discharges a
machine gun or a firearm equipped with | ||||||
6 | a device designed or used for silencing
the report of a | ||||||
7 | firearm
in the direction of another person or in the
| ||||||
8 | direction of a vehicle he or she knows to be occupied;
| ||||||
9 | (3) Discharges a
machine gun or a firearm equipped with | ||||||
10 | a device designed or used for silencing
the report of a | ||||||
11 | firearm
in the direction of a person he or she knows to be
| ||||||
12 | a peace officer, a person summoned or directed by a peace | ||||||
13 | officer, a
correctional institution employee, or a fireman | ||||||
14 | while the officer,
employee or fireman is engaged in the | ||||||
15 | execution of any of his or her official
duties, or to | ||||||
16 | prevent the officer, employee or fireman from performing | ||||||
17 | his
or her official duties, or in retaliation for the | ||||||
18 | officer, employee or fireman
performing his or her official | ||||||
19 | duties;
| ||||||
20 | (4) Discharges a
machine gun or a firearm equipped with | ||||||
21 | a device designed or used for silencing
the report of a | ||||||
22 | firearm
in the direction of a vehicle he or she knows to be
| ||||||
23 | occupied by a peace officer, a person summoned or directed | ||||||
24 | by a peace
officer, a correctional institution employee or | ||||||
25 | a fireman while the
officer, employee or fireman is engaged | ||||||
26 | in the execution of any of his
or her official duties, or |
| |||||||
| |||||||
1 | to prevent the officer, employee or fireman from
performing | ||||||
2 | his or her official duties, or in retaliation for the | ||||||
3 | officer,
employee or fireman performing his or her official | ||||||
4 | duties;
| ||||||
5 | (5) Discharges a
machine gun or a firearm equipped with | ||||||
6 | a device designed or used for silencing
the report of a | ||||||
7 | firearm
in the direction of a person he or she knows to be
| ||||||
8 | an emergency medical services personnel technician - | ||||||
9 | ambulance, emergency medical
technician - intermediate, | ||||||
10 | emergency medical technician - paramedic, ambulance
| ||||||
11 | driver, or other medical assistance or first aid
personnel, | ||||||
12 | employed by a municipality or other governmental unit, | ||||||
13 | while the
emergency medical services personnel is | ||||||
14 | technician - ambulance, emergency medical
technician - | ||||||
15 | intermediate, emergency medical technician - paramedic, | ||||||
16 | ambulance
driver, or other medical assistance or first aid
| ||||||
17 | personnel is engaged in the execution of any of his or her | ||||||
18 | official duties, or
to
prevent the
emergency medical | ||||||
19 | services personnel technician - ambulance, emergency | ||||||
20 | medical
technician - intermediate, emergency medical | ||||||
21 | technician - paramedic, ambulance
driver, or other medical | ||||||
22 | assistance or
first aid personnel from performing his or | ||||||
23 | her official duties, or in
retaliation
for the
emergency | ||||||
24 | medical services personnel technician - ambulance, | ||||||
25 | emergency medical
technician - intermediate, emergency | ||||||
26 | medical technician - paramedic, ambulance
driver, or other |
| |||||||
| |||||||
1 | medical assistance or first
aid personnel performing his or | ||||||
2 | her official duties;
| ||||||
3 | (6) Discharges a
machine gun or a firearm equipped with | ||||||
4 | a device designed or used for silencing
the report of a | ||||||
5 | firearm
in the direction of a vehicle he or she knows to
be | ||||||
6 | occupied by an emergency medical services personnel | ||||||
7 | technician - ambulance, emergency medical
technician - | ||||||
8 | intermediate, emergency medical technician - paramedic, | ||||||
9 | ambulance
driver, or other medical assistance
or first aid | ||||||
10 | personnel, employed by a municipality or other | ||||||
11 | governmental
unit , while the
emergency medical services | ||||||
12 | personnel technician - ambulance, emergency medical
| ||||||
13 | technician - intermediate, emergency medical technician - | ||||||
14 | paramedic, ambulance
driver, or other medical assistance | ||||||
15 | or
first aid personnel is engaged in the execution of any | ||||||
16 | of his or her official
duties, or to prevent the
emergency | ||||||
17 | medical services personnel technician - ambulance, | ||||||
18 | emergency medical
technician - intermediate, emergency | ||||||
19 | medical technician - paramedic, ambulance
driver, or other | ||||||
20 | medical
assistance or first aid personnel from performing | ||||||
21 | his or her official duties,
or
in retaliation for the
| ||||||
22 | emergency medical services personnel technician - | ||||||
23 | ambulance, emergency medical
technician - intermediate, | ||||||
24 | emergency medical technician - paramedic, ambulance
| ||||||
25 | driver, or other medical
assistance or first aid personnel | ||||||
26 | performing his or her official
duties;
|
| |||||||
| |||||||
1 | (7) Discharges a machine gun or a firearm equipped with | ||||||
2 | a device
designed or used for silencing the report of a | ||||||
3 | firearm in the direction of a
person he or she knows to be | ||||||
4 | an emergency management worker while the emergency
| ||||||
5 | management worker is engaged in the execution of any of his | ||||||
6 | or her official
duties, or to prevent the emergency | ||||||
7 | management worker from performing his or
her official | ||||||
8 | duties, or in retaliation for the emergency management | ||||||
9 | worker
performing his or her official duties; or
| ||||||
10 | (8) Discharges a machine gun or a firearm equipped with | ||||||
11 | a device designed
or used for silencing the report of a | ||||||
12 | firearm in the direction of a vehicle he
or she knows to be | ||||||
13 | occupied by an emergency management worker while the
| ||||||
14 | emergency management worker is engaged in the execution of | ||||||
15 | any of his or her
official duties, or to prevent the | ||||||
16 | emergency management worker from performing
his or her | ||||||
17 | official duties, or in retaliation for the emergency | ||||||
18 | management
worker performing his or her official duties.
| ||||||
19 | (b) A violation of subsection (a) (1) or subsection (a) (2) | ||||||
20 | of this
Section is a Class X felony. A violation of subsection | ||||||
21 | (a) (3), (a) (4),
(a) (5), (a) (6), (a) (7), or (a) (8) of this | ||||||
22 | Section is a Class X
felony for which the
sentence shall be a | ||||||
23 | term of imprisonment of no less than 12 years and no more
than | ||||||
24 | 50 years.
| ||||||
25 | (c) For the purpose of this Section : | ||||||
26 | "Emergency medical services personnel" has the meaning |
| |||||||
| |||||||
1 | specified in Section 3.5 of the Emergency Medical Services | ||||||
2 | (EMS) Systems Act. , | ||||||
3 | "Machine "machine gun" has the meaning ascribed
to it | ||||||
4 | in clause (i) of paragraph (7) of subsection (a) of Section | ||||||
5 | 24-1 of this
Code.
| ||||||
6 | (d) This Section does not apply to a peace officer while | ||||||
7 | serving as a member of a tactical response team or special | ||||||
8 | operations team. A peace officer may not personally own or | ||||||
9 | apply for ownership of a device or attachment of any kind | ||||||
10 | designed, used, or intended for use in silencing the report of | ||||||
11 | any firearm. These devices shall be owned and maintained by | ||||||
12 | lawfully recognized units of government whose duties include | ||||||
13 | the investigation of criminal acts.
| ||||||
14 | (Source: P.A. 97-676, eff. 6-1-12 .)
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
|