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Public Act 098-0369 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Section 12-3.05 as follows:
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(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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Sec. 12-3.05. Aggravated battery.
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(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
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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
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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
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violation of subdivision (a)(5) under the laws of this
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State or laws similar to subdivision (a)(5) of any other
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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.
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(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.)
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