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91_HB3989eng
HB3989 Engrossed LRB9111681RCpk
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 12-2 and 36-1 and adding Section 12-4.11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 12-2 and 36-1 and adding Section 12-4.11 as
7 follows:
8 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
9 Sec. 12-2. Aggravated assault.
10 (a) A person commits an aggravated assault, when, in
11 committing an assault, he:
12 (1) Uses a deadly weapon or any device manufactured
13 and designed to be substantially similar in appearance to
14 a firearm, other than by discharging a firearm in the
15 direction of another person, a peace officer, a person
16 summoned or directed by a peace officer, a correctional
17 officer or a fireman or in the direction of a vehicle
18 occupied by another person, a peace officer, a person
19 summoned or directed by a peace officer, a correctional
20 officer or a fireman while the officer or fireman is
21 engaged in the execution of any of his official duties,
22 or to prevent the officer or fireman from performing his
23 official duties, or in retaliation for the officer or
24 fireman performing his official duties;
25 (2) Is hooded, robed or masked in such manner as to
26 conceal his identity or any device manufactured and
27 designed to be substantially similar in appearance to a
28 firearm;
29 (3) Knows the individual assaulted to be a teacher
30 or other person employed in any school and such teacher
31 or other employee is upon the grounds of a school or
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1 grounds adjacent thereto, or is in any part of a building
2 used for school purposes;
3 (4) Knows the individual assaulted to be a
4 supervisor, director, instructor or other person employed
5 in any park district and such supervisor, director,
6 instructor or other employee is upon the grounds of the
7 park or grounds adjacent thereto, or is in any part of a
8 building used for park purposes;
9 (5) Knows the individual assaulted to be a
10 caseworker, investigator, or other person employed by the
11 State Department of Public Aid, a County Department of
12 Public Aid, or the Department of Human Services (acting
13 as successor to the Illinois Department of Public Aid
14 under the Department of Human Services Act) and such
15 caseworker, investigator, or other person is upon the
16 grounds of a public aid office or grounds adjacent
17 thereto, or is in any part of a building used for public
18 aid purposes, or upon the grounds of a home of a public
19 aid applicant, recipient or any other person being
20 interviewed or investigated in the employees' discharge
21 of his duties, or on grounds adjacent thereto, or is in
22 any part of a building in which the applicant, recipient,
23 or other such person resides or is located;
24 (6) Knows the individual assaulted to be a peace
25 officer, or a community policing volunteer, or a fireman
26 while the officer or fireman is engaged in the execution
27 of any of his official duties, or to prevent the officer,
28 community policing volunteer, or fireman from performing
29 his official duties, or in retaliation for the officer,
30 community policing volunteer, or fireman performing his
31 official duties, and the assault is committed other than
32 by the discharge of a firearm in the direction of the
33 officer or fireman or in the direction of a vehicle
34 occupied by the officer or fireman;
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1 (7) Knows the individual assaulted to be an
2 emergency medical 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 engaged in the
7 execution of any of his official duties, or to prevent
8 the emergency medical technician - ambulance, emergency
9 medical technician - intermediate, emergency medical
10 technician - paramedic, ambulance driver, or other
11 medical assistance or first aid personnel from performing
12 his official duties, or in retaliation for the emergency
13 medical technician - ambulance, emergency medical
14 technician - intermediate, emergency medical technician -
15 paramedic, ambulance driver, or other medical assistance
16 or first aid personnel performing his official duties;
17 (8) Knows the individual assaulted to be the
18 driver, operator, employee or passenger of any
19 transportation facility or system engaged in the business
20 of transportation of the public for hire and the
21 individual assaulted is then performing in such capacity
22 or then using such public transportation as a passenger
23 or using any area of any description designated by the
24 transportation facility or system as a vehicle boarding,
25 departure, or transfer location;
26 (9) Or the individual assaulted is on or about a
27 public way, public property, or public place of
28 accommodation or amusement;
29 (10) Knows the individual assaulted to be an
30 employee of the State of Illinois, a municipal
31 corporation therein or a political subdivision thereof,
32 engaged in the performance of his authorized duties as
33 such employee;
34 (11) Knowingly and without legal justification,
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1 commits an assault on a physically handicapped person;
2 (12) Knowingly and without legal justification,
3 commits an assault on a person 60 years of age or older;
4 (13) Discharges a firearm;
5 (14) Knows the individual assaulted to be a
6 correctional officer, while the officer is engaged in the
7 execution of any of his or her official duties, or to
8 prevent the officer from performing his or her official
9 duties, or in retaliation for the officer performing his
10 or her official duties; or
11 (15) Knows the individual assaulted to be a
12 correctional employee, while the employee is engaged in
13 the execution of any of his or her official duties, or to
14 prevent the employee from performing his or her official
15 duties, or in retaliation for the employee performing his
16 or her official duties, and the assault is committed
17 other than by the discharge of a firearm in the direction
18 of the employee or in the direction of a vehicle occupied
19 by the employee; or
20 (16) Uses a motor vehicle as defined in Section
21 1-146 of the Illinois Vehicle Code.
22 (a-5) A person commits an aggravated assault when he or
23 she knowingly and without lawful justification shines or
24 flashes a laser gunsight or other laser device that is
25 attached or affixed to a firearm, or used in concert with a
26 firearm, so that the laser beam strikes near or in the
27 immediate vicinity of any person.
28 (b) Sentence.
29 Aggravated assault as defined in paragraphs (1) through
30 (5) and (7) through (12) of subsection (a) of this Section is
31 a Class A misdemeanor. Aggravated assault as defined in
32 paragraphs (13), (14), and (15) of subsection (a) of this
33 Section and as defined in subsection (a-5) of this Section is
34 a Class 4 felony. Aggravated assault as defined in paragraph
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1 (16) of subsection (a) of this Section is a Class 3 felony.
2 Aggravated assault as defined in paragraph (6) of subsection
3 (a) of this Section is a Class A misdemeanor if a firearm is
4 not used in the commission of the assault. Aggravated
5 assault as defined in paragraph (6) of subsection (a) of this
6 Section is a Class 4 felony if a firearm is used in the
7 commission of the assault.
8 (Source: P.A. 90-406, eff. 8-15-97; 90-651, eff. 1-1-99;
9 91-672, eff. 1-1-00.)
10 (720 ILCS 5/12-4.11 new)
11 Sec. 12-4.11. Aggravated battery with a motor vehicle.
12 (a) A person commits aggravated battery with a motor
13 vehicle when he or she, in committing a battery, knowingly or
14 intentionally causes great bodily harm or permanent
15 disability or disfigurement by means of the operation or use
16 of a motor vehicle.
17 (b) For the purpose of this Section, "motor vehicle" has
18 the meaning ascribed to it in Section 1-146 of the Illinois
19 Vehicle Code.
20 (c) Sentence. Aggravated battery with a motor vehicle is
21 a Class 1 felony.
22 (720 ILCS 5/36-1) (from Ch. 38, par. 36-1)
23 Sec. 36-1. Seizure. Any vessel, vehicle or aircraft
24 used with the knowledge and consent of the owner in the
25 commission of, or in the attempt to commit as defined in
26 Section 8-4 of this Code, an offense prohibited by (a)
27 Section 9-1, 9-3, 10-2, 11-6, 11-15.1, 11-19.1, 11-19.2,
28 11-20.1, 12-4.11, 12-7.3, 12-7.4, 12-13, 12-14, 18-2, 19-1,
29 19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.5, or 28-1 of this Code,
30 or paragraph (a) of Section 12-15 of this Code, paragraph or
31 paragraphs (a), (c), or (d) of Section 12-16 of this Code, or
32 paragraph (16) of subsection (a) of Section 12-2 of this
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1 Code; (b) Section 21, 22, 23, 24 or 26 of the Cigarette Tax
2 Act if the vessel, vehicle or aircraft contains more than 10
3 cartons of such cigarettes; (c) Section 28, 29 or 30 of the
4 Cigarette Use Tax Act if the vessel, vehicle or aircraft
5 contains more than 10 cartons of such cigarettes; (d) Section
6 44 of the Environmental Protection Act; (e) 11-204.1 of the
7 Illinois Vehicle Code; or (f) the offenses described in the
8 following provisions of the Illinois Vehicle Code: Section
9 11-501 subdivisions (c-1)(1), (c-1)(2), (c-1)(3), (d)(1)(A),
10 or (d)(1)(D); may be seized and delivered forthwith to the
11 sheriff of the county of seizure.
12 Within 15 days after such delivery the sheriff shall give
13 notice of seizure to each person according to the following
14 method: Upon each such person whose right, title or interest
15 is of record in the office of the Secretary of State, the
16 Secretary of Transportation, the Administrator of the Federal
17 Aviation Agency, or any other Department of this State, or
18 any other state of the United States if such vessel, vehicle
19 or aircraft is required to be so registered, as the case may
20 be, by mailing a copy of the notice by certified mail to the
21 address as given upon the records of the Secretary of State,
22 the Department of Aeronautics, Department of Public Works and
23 Buildings or any other Department of this State or the United
24 States if such vessel, vehicle or aircraft is required to be
25 so registered. Within that 15 day period the sheriff shall
26 also notify the State's Attorney of the county of seizure
27 about the seizure.
28 In addition, any mobile or portable equipment used in the
29 commission of an act which is in violation of Section 7g of
30 the Metropolitan Water Reclamation District Act shall be
31 subject to seizure and forfeiture under the same procedures
32 provided in this Article for the seizure and forfeiture of
33 vessels, vehicles and aircraft, and any such equipment shall
34 be deemed a vessel, vehicle or aircraft for purposes of this
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1 Article.
2 When a person discharges a firearm at another individual
3 from a vehicle with the knowledge and consent of the owner of
4 the vehicle and with the intent to cause death or great
5 bodily harm to that individual and as a result causes death
6 or great bodily harm to that individual, the vehicle shall be
7 subject to seizure and forfeiture under the same procedures
8 provided in this Article for the seizure and forfeiture of
9 vehicles used in violations of clauses (a), (b), (c), or (d)
10 of this Section.
11 If the spouse of the owner of a vehicle seized for a
12 violation of subdivision (c-1)(1), (c-1)(2), (c-1)(3),
13 (d)(1)(A), or (d)(1)(D) of Section 11-501 of the Illinois
14 Vehicle Code or Section 9-3 of this Code makes a showing that
15 the seized vehicle is the only source of transportation and
16 it is determined that the financial hardship to the family as
17 a result of the seizure outweighs the benefit to the State
18 from the seizure, the vehicle may be forfeited to the spouse
19 or family member and the title to the vehicle shall be
20 transferred to the spouse or family member who is properly
21 licensed and who requires the use of the vehicle for
22 employment or family transportation purposes. A written
23 declaration of forfeiture of a vehicle under this Section
24 shall be sufficient cause for the title to be transferred to
25 the spouse or family member. The provisions of this
26 paragraph shall apply only to one forfeiture per vehicle. If
27 the vehicle is the subject of a subsequent forfeiture
28 proceeding by virtue of a subsequent conviction of either
29 spouse or the family member, the spouse or family member to
30 whom the vehicle was forfeited under the first forfeiture
31 proceeding may not utilize the provisions of this paragraph
32 in another forfeiture proceeding. If the owner of the
33 vehicle seized owns more than one vehicle, the procedure set
34 out in this paragraph may be used for only one vehicle.
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1 (Source: P.A. 90-134, eff. 7-22-97; 90-216, eff. 1-1-98;
2 90-655, eff. 7-30-98; 90-738, eff. 1-1-99.)
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