Public Act 098-0369
 
HB0801 EnrolledLRB098 03646 RLC 33662 b



    AN ACT concerning criminal law.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
    Section 5. The Criminal Code of 2012 is amended  by changing 
Section 12-3.05 as follows:
 

    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)



    Sec. 12-3.05. Aggravated battery. 

    (a) Offense based on injury. A person commits aggravated 
battery when, in committing a battery, other than by the 
discharge of a firearm, he or she knowingly does any of the 
following:
        (1) Causes great bodily harm or  permanent disability or 
    disfigurement.
        (2) Causes severe and permanent disability, great 
    bodily harm, or disfigurement by means of a caustic or 
    flammable substance, a poisonous gas, a deadly biological 
    or chemical contaminant or agent, a radioactive substance, 
    or a bomb or explosive compound.
        (3) Causes great bodily harm or permanent disability or 
    disfigurement to an individual whom the person knows to be 
    a peace officer, community policing volunteer, fireman, 
    private security officer, correctional institution 
    employee, or Department of Human Services employee 
    supervising or controlling sexually dangerous persons or 
    sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (4) Causes great bodily harm or permanent disability or 
    disfigurement to an individual 60 years of age or older.
        (5)  Strangles another individual. 
    (b) Offense based on injury to a child or intellectually 
disabled person. A person who is at least 18 years of age 
commits aggravated battery when, in committing a battery, he or 
she knowingly and without legal justification by any means:
        (1) causes great bodily harm or permanent disability or 
    disfigurement to any child under the age of 13 years, or to 
    any severely or profoundly intellectually disabled person; 
    or
        (2) causes bodily harm or disability or disfigurement 
    to any child under the age of 13 years or to any severely 
    or profoundly intellectually disabled person. 
    (c) Offense based on location of conduct.  A person commits 
aggravated battery when, in committing a battery, other than by 
the discharge of a firearm, he or she is or the person battered 
is on or about a public way, public property, a public place of 
accommodation or amusement, a sports venue, or a domestic 
violence shelter.
    (d) Offense based on status of victim. A person commits 
aggravated battery when, in committing a battery, other than by 
discharge of a firearm, he or she knows the individual battered  
to be any of the following:
        (1) A person 60 years of age or older.
        (2) A person who is pregnant or physically handicapped.
        (3) A teacher or school employee upon school grounds or 
    grounds adjacent to a school or in any part of a building 
    used for school purposes.
        (4) A peace officer, community policing volunteer, 
    fireman, private security officer, correctional 
    institution employee, or Department of Human Services 
    employee supervising or controlling sexually dangerous 
    persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (5) A judge, emergency management worker, emergency 
    medical technician, or utility worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (6) An officer or employee of the State of Illinois, a 
    unit of local government, or a school district, while 
    performing his or her official duties.
        (7) A transit employee performing his or her official 
    duties, or a transit passenger.
        (8) A taxi driver on duty.
        (9) A merchant who detains the person for an alleged 
    commission of retail theft under Section 16-26 of this Code 
    and the person without legal justification by any means 
    causes bodily harm to the merchant.
        (10) A person authorized to serve process under Section 
    2-202 of the Code of Civil Procedure or a special process 
    server appointed by the circuit court while that individual 
    is in the performance of his or her duties as a process 
    server.
        (11) A nurse while in  the performance of his or her 
    duties as a nurse. 
    (e) Offense based on use of a firearm. A person commits 
aggravated battery when, in committing a battery, he or she 
knowingly does any of the following:
        (1) Discharges a firearm, other than a machine gun or a 
    firearm equipped with a silencer, and causes any injury to 
    another person.
        (2) Discharges a firearm, other than a machine gun or a 
    firearm equipped with a silencer, and causes any injury to 
    a person he or she knows to be a peace officer, community 
    policing volunteer, person summoned by a police officer, 
    fireman, private security officer, correctional 
    institution employee, or emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (3) Discharges a firearm, other than a machine gun or a 
    firearm equipped with a silencer, and causes any injury to 
    a person he or she knows to be an emergency medical 
    technician employed by a municipality or other 
    governmental unit:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (4) Discharges a firearm and causes any injury to a 
    person he or she knows to be a teacher, a student in a 
    school,  or a school employee, and the teacher, student, or 
    employee is upon school grounds or grounds adjacent to a 
    school or in any part of a building used for school 
    purposes.
        (5) Discharges a machine gun or a firearm equipped with 
    a silencer, and causes any injury to another person.
        (6) Discharges a machine gun or a firearm equipped with 
    a silencer, and causes any injury to a person he or she 
    knows to be a peace officer, community policing volunteer, 
    person summoned by a police officer, fireman, private 
    security officer, correctional institution employee or 
    emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (7) Discharges a machine gun or a firearm equipped with 
    a silencer, and causes any injury to a person he or she 
    knows to be an emergency medical technician employed by a 
    municipality or other governmental unit:
            (i)  performing his or her official duties;
            (ii) battered to prevent performance of his or her 
        official duties; or
            (iii) battered in retaliation for performing his 
        or her official duties.
        (8) Discharges a machine gun or a firearm equipped with 
    a silencer, and causes any injury to a person he or she 
    knows to be a teacher, or a student in a school, or a 
    school employee, and the teacher, student, or employee is 
    upon school grounds or grounds adjacent to a school or in 
    any part of a building used for school purposes. 
    (f) Offense based on use of a weapon or device. A person 
commits aggravated battery when, in committing a battery, he or 
she does any of the following:
        (1) Uses a deadly weapon other than by discharge of a 
    firearm, or uses an air rifle as defined in the Air Rifle

    Act.
        (2) Wears a hood, robe, or mask to conceal his or her 
    identity.
        (3) Knowingly and without lawful justification shines 
    or flashes a laser gunsight or other laser device attached 
    to a firearm, or used in concert with a firearm, so that 
    the laser beam strikes upon or against the person of 
    another.
    (g) Offense based on certain conduct. A person commits 
aggravated battery when, other than by discharge of a firearm, 
he or she does any of the following:
        (1) Violates Section 401 of the Illinois Controlled 
    Substances Act by unlawfully delivering a controlled 
    substance to another and any user experiences great bodily 
    harm or permanent disability as a result of the injection, 
    inhalation, or ingestion of any amount of the controlled 
    substance.
        (2) Knowingly administers to an individual or causes 
    him or her to take, without his or her consent or by threat 
    or deception, and for other than medical purposes, any 
    intoxicating, poisonous, stupefying, narcotic, anesthetic, 
    or controlled substance, or gives to another person any 
    food containing any substance or object intended to cause 
    physical injury if eaten.
        (3) Knowingly causes or attempts to cause a 
    correctional institution employee or Department of Human 
    Services employee to come into contact with blood, seminal 
    fluid, urine, or feces by throwing, tossing, or expelling 
    the fluid or material, and the person is an inmate of a 
    penal institution or is a sexually dangerous person or 
    sexually violent person in the custody of the Department of 
    Human Services.
    (h) Sentence. Unless otherwise provided, aggravated 
battery is a Class 3 felony.
    Aggravated battery as defined in subdivision (a)(4), 
(d)(4), or (g)(3) is a Class 2 felony.
    Aggravated battery as defined in subdivision (a)(3) or 
(g)(1) is a Class 1 felony.
    Aggravated battery as defined in subdivision (a)(1) is a 
Class 1 felony when the aggravated battery was intentional and 
involved the infliction of torture, as defined in paragraph 
(14) of subsection (b) of Section 9-1 of this Code, as the 
infliction of or subjection to extreme physical pain, motivated 
by an intent to increase or prolong the pain, suffering, or 
agony of the victim. 
    Aggravated battery under subdivision (a)(5) is a
Class 1 
felony if:
        (A) the person used or attempted to use a dangerous

    instrument while committing the offense; or
        (B) the person caused great bodily harm or
permanent 
    disability or disfigurement to the other
person while 
    committing the offense; or
        (C) the person has been previously convicted of a

    violation of subdivision (a)(5) under the laws of this

    State or laws similar to subdivision (a)(5) of any other

    state. 
    Aggravated battery as defined in subdivision (e)(1) is a 
Class X felony.
    Aggravated battery as defined in subdivision (a)(2) is a 
Class X felony for which a person shall be sentenced to a term 
of imprisonment of a minimum of 6 years and a maximum of 45 
years.
    Aggravated battery as defined in subdivision (e)(5) is a 
Class X felony for which a person shall be sentenced to a term 
of imprisonment of a minimum of 12 years and a maximum of 45 
years.
    Aggravated battery as defined in subdivision (e)(2), 
(e)(3), or (e)(4) is a Class X felony for which a person shall 
be sentenced to a term of imprisonment of a minimum of 15 years 
and a maximum of 60 years.
    Aggravated battery as defined in subdivision (e)(6), 
(e)(7), or (e)(8)  is a Class X felony for which a person shall 
be sentenced to a term of imprisonment of a minimum of 20 years 
and a maximum of 60 years.
    Aggravated battery as defined in subdivision (b)(1) is a 
Class X felony, except that:
        (1) if the person committed the offense while armed 
    with a firearm, 15 years shall be added to the term of 
    imprisonment imposed by the court;
        (2) if, during the commission of the offense, the 
    person personally discharged a firearm, 20 years shall be 
    added to the term of imprisonment imposed by the court;
        (3) if, during the commission of the offense, the 
    person personally discharged a firearm that proximately 
    caused great bodily harm, permanent disability, permanent 
    disfigurement, or death to another person, 25 years or up 
    to a term of natural life shall be added to the term of 
    imprisonment imposed by the court.
    (i) Definitions. For the purposes of this Section:
    "Building or other structure used to provide shelter" has 
the meaning ascribed to "shelter" in Section 1 of the Domestic 
Violence Shelters Act.
    "Domestic violence" has the meaning ascribed to it in 
Section 103 of the Illinois Domestic Violence Act of 1986.
    "Domestic violence shelter" means any building or other 
structure used to provide shelter or other services to victims 
or to the dependent children of victims of domestic violence 
pursuant to the Illinois Domestic Violence Act of 1986 or the 
Domestic Violence Shelters Act, or any place within 500 feet of 
such a building or other structure in the case of a person who 
is going to or from such a building or other structure.
    "Firearm" has the meaning provided under Section 1.1
of the 
Firearm Owners Identification Card Act, and does
not include an 
air rifle as defined by Section 1 of the Air
Rifle Act. 
    "Machine gun" has the meaning ascribed to it in Section 
24-1 of this Code.
    "Merchant" has the meaning ascribed to it in Section 16-0.1 
of this Code. 
    "Strangle" means
intentionally impeding the normal 
breathing or circulation of the blood of an individual by 
applying pressure on the throat
or neck of that individual or 
by blocking the nose or mouth of
that individual. 



























(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09; 
96-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff. 
1-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12, 
and 97-467, eff. 1-1-12; 97-1109, eff. 1-1-13.)