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91_SB0845ren
SB845 Re-enrolled LRB9104773LDfgA
1 AN ACT in relation to laser devices.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Sections 12-2 and 12-4 and adding Sections 2-10.2
6 and 2-10.3 as follows:
7 (720 ILCS 5/2-10.2 new)
8 Sec. 2-10.2. Laser or laser device. "Laser" or "laser
9 device" means any small or hand-held battery powered device
10 which converts incident electromagnetic radiation of mixed
11 frequencies to one or more discrete frequencies of highly
12 amplified and coherent visible radiation or light. Proof
13 that a particular device casts a small red dot or other
14 similar small and discrete image or small and discrete visual
15 signal upon a target surface at least 15 feet away creates a
16 rebuttable presumption that the device is a laser.
17 Flashlights and similar lamps, lanterns, lights, and
18 penlights are not laser devices.
19 (720 ILCS 5/2-10.3 new)
20 Sec. 2-10.3. Laser gunsight. "Laser gunsight" means any
21 battery powered laser device manufactured to function as a
22 firearm aiming device or sold as a firearm aiming device.
23 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
24 Sec. 12-2. Aggravated assault.
25 (a) A person commits an aggravated assault, when, in
26 committing an assault, he:
27 (1) Uses a deadly weapon or any device manufactured
28 and designed to be substantially similar in appearance to
29 a firearm, other than by discharging a firearm in the
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1 direction of another person, a peace officer, a person
2 summoned or directed by a peace officer, a correctional
3 officer or a fireman or in the direction of a vehicle
4 occupied by another person, a peace officer, a person
5 summoned or directed by a peace officer, a correctional
6 officer or a fireman while the officer or fireman is
7 engaged in the execution of any of his official duties,
8 or to prevent the officer or fireman from performing his
9 official duties, or in retaliation for the officer or
10 fireman performing his official duties;
11 (2) Is hooded, robed or masked in such manner as to
12 conceal his identity or any device manufactured and
13 designed to be substantially similar in appearance to a
14 firearm;
15 (3) Knows the individual assaulted to be a teacher
16 or other person employed in any school and such teacher
17 or other employee is upon the grounds of a school or
18 grounds adjacent thereto, or is in any part of a building
19 used for school purposes;
20 (4) Knows the individual assaulted to be a
21 supervisor, director, instructor or other person employed
22 in any park district and such supervisor, director,
23 instructor or other employee is upon the grounds of the
24 park or grounds adjacent thereto, or is in any part of a
25 building used for park purposes;
26 (5) Knows the individual assaulted to be a
27 caseworker, investigator, or other person employed by the
28 State Department of Public Aid, a County Department of
29 Public Aid, or the Department of Human Services (acting
30 as successor to the Illinois Department of Public Aid
31 under the Department of Human Services Act) and such
32 caseworker, investigator, or other person is upon the
33 grounds of a public aid office or grounds adjacent
34 thereto, or is in any part of a building used for public
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1 aid purposes, or upon the grounds of a home of a public
2 aid applicant, recipient or any other person being
3 interviewed or investigated in the employees' discharge
4 of his duties, or on grounds adjacent thereto, or is in
5 any part of a building in which the applicant, recipient,
6 or other such person resides or is located;
7 (6) Knows the individual assaulted to be a peace
8 officer, or a community policing volunteer, or a fireman
9 while the officer or fireman is engaged in the execution
10 of any of his official duties, or to prevent the officer,
11 community policing volunteer, or fireman from performing
12 his official duties, or in retaliation for the officer,
13 community policing volunteer, or fireman performing his
14 official duties, and the assault is committed other than
15 by the discharge of a firearm in the direction of the
16 officer or fireman or in the direction of a vehicle
17 occupied by the officer or fireman;
18 (7) Knows the individual assaulted to be an
19 emergency medical technician - ambulance, emergency
20 medical technician - intermediate, emergency medical
21 technician - paramedic, ambulance driver or other medical
22 assistance or first aid personnel employed by a
23 municipality or other governmental unit engaged in the
24 execution of any of his official duties, or to prevent
25 the emergency medical technician - ambulance, emergency
26 medical technician - intermediate, emergency medical
27 technician - paramedic, ambulance driver, or other
28 medical assistance or first aid personnel from performing
29 his official duties, or in retaliation for the emergency
30 medical technician - ambulance, emergency medical
31 technician - intermediate, emergency medical technician -
32 paramedic, ambulance driver, or other medical assistance
33 or first aid personnel performing his official duties;
34 (8) Knows the individual assaulted to be the
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1 driver, operator, employee or passenger of any
2 transportation facility or system engaged in the business
3 of transportation of the public for hire and the
4 individual assaulted is then performing in such capacity
5 or then using such public transportation as a passenger
6 or using any area of any description designated by the
7 transportation facility or system as a vehicle boarding,
8 departure, or transfer location;
9 (9) Or the individual assaulted is on or about a
10 public way, public property, or public place of
11 accommodation or amusement;
12 (10) Knows the individual assaulted to be an
13 employee of the State of Illinois, a municipal
14 corporation therein or a political subdivision thereof,
15 engaged in the performance of his authorized duties as
16 such employee;
17 (11) Knowingly and without legal justification,
18 commits an assault on a physically handicapped person;
19 (12) Knowingly and without legal justification,
20 commits an assault on a person 60 years of age or older;
21 (13) Discharges a firearm;
22 (14) Knows the individual assaulted to be a
23 correctional officer, while the officer is engaged in the
24 execution of any of his or her official duties, or to
25 prevent the officer from performing his or her official
26 duties, or in retaliation for the officer performing his
27 or her official duties; or
28 (15) Knows the individual assaulted to be a
29 correctional employee, while the employee is engaged in
30 the execution of any of his or her official duties, or to
31 prevent the employee from performing his or her official
32 duties, or in retaliation for the employee performing his
33 or her official duties, and the assault is committed
34 other than by the discharge of a firearm in the direction
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1 of the employee or in the direction of a vehicle occupied
2 by the employee.
3 (a-5) A person commits an aggravated assault when he or
4 she knowingly and without lawful justification shines or
5 flashes a laser gunsight or other laser device that is
6 attached or affixed to a firearm, or used in concert with a
7 firearm, so that the laser beam strikes near or in the
8 immediate vicinity of any person.
9 (b) Sentence.
10 Aggravated assault as defined in paragraphs (1) through
11 (5) and (7) through (12) of subsection (a) of this Section is
12 a Class A misdemeanor. Aggravated assault as defined in
13 paragraphs (13), (14), and (15) of subsection (a) of this
14 Section and as defined in subsection (a-5) of this Section is
15 a Class 4 felony. Aggravated assault as defined in paragraph
16 (6) of subsection (a) of this Section is a Class A
17 misdemeanor if a firearm is not used in the commission of the
18 assault. Aggravated assault as defined in paragraph (6) of
19 subsection (a) of this Section is a Class 4 felony if a
20 firearm is used in the commission of the assault.
21 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97;
22 90-651, eff. 1-1-99.)
23 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
24 Sec. 12-4. Aggravated Battery.
25 (a) A person who, in committing a battery, intentionally
26 or knowingly causes great bodily harm, or permanent
27 disability or disfigurement commits aggravated battery.
28 (b) In committing a battery, a person commits aggravated
29 battery if he or she:
30 (1) Uses a deadly weapon other than by the
31 discharge of a firearm;
32 (2) Is hooded, robed or masked, in such manner as
33 to conceal his identity;
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1 (3) Knows the individual harmed to be a teacher or
2 other person employed in any school and such teacher or
3 other employee is upon the grounds of a school or grounds
4 adjacent thereto, or is in any part of a building used
5 for school purposes;
6 (4) Knows the individual harmed to be a supervisor,
7 director, instructor or other person employed in any park
8 district and such supervisor, director, instructor or
9 other employee is upon the grounds of the park or grounds
10 adjacent thereto, or is in any part of a building used
11 for park purposes;
12 (5) Knows the individual harmed to be a caseworker,
13 investigator, or other person employed by the State
14 Department of Public Aid, a County Department of Public
15 Aid, or the Department of Human Services (acting as
16 successor to the Illinois Department of Public Aid under
17 the Department of Human Services Act) and such
18 caseworker, investigator, or other person is upon the
19 grounds of a public aid office or grounds adjacent
20 thereto, or is in any part of a building used for public
21 aid purposes, or upon the grounds of a home of a public
22 aid applicant, recipient, or any other person being
23 interviewed or investigated in the employee's discharge
24 of his duties, or on grounds adjacent thereto, or is in
25 any part of a building in which the applicant, recipient,
26 or other such person resides or is located;
27 (6) Knows the individual harmed to be a peace
28 officer, a community policing volunteer, a correctional
29 institution employee, or a fireman while such officer,
30 volunteer, employee or fireman is engaged in the
31 execution of any official duties including arrest or
32 attempted arrest, or to prevent the officer, volunteer,
33 employee or fireman from performing official duties, or
34 in retaliation for the officer, volunteer, employee or
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1 fireman performing official duties, and the battery is
2 committed other than by the discharge of a firearm;
3 (7) Knows the individual harmed to be an emergency
4 medical technician - ambulance, emergency medical
5 technician - intermediate, emergency medical technician -
6 paramedic, ambulance driver or other medical assistance
7 or first aid personnel engaged in the performance of any
8 of his or her official duties, or to prevent the
9 emergency medical technician - ambulance, emergency
10 medical technician - intermediate, emergency medical
11 technician - paramedic, ambulance driver, or other
12 medical assistance or first aid personnel from performing
13 official duties, or in retaliation for performing
14 official duties;
15 (8) Is, or the person battered is, on or about a
16 public way, public property or public place of
17 accommodation or amusement;
18 (9) Knows the individual harmed to be the driver,
19 operator, employee or passenger of any transportation
20 facility or system engaged in the business of
21 transportation of the public for hire and the individual
22 assaulted is then performing in such capacity or then
23 using such public transportation as a passenger or using
24 any area of any description designated by the
25 transportation facility or system as a vehicle boarding,
26 departure, or transfer location;
27 (10) Knowingly and without legal justification and
28 by any means causes bodily harm to an individual of 60
29 years of age or older;
30 (11) Knows the individual harmed is pregnant;
31 (12) Knows the individual harmed to be a judge whom
32 the person intended to harm as a result of the judge's
33 performance of his or her official duties as a judge;
34 (13) Knows the individual harmed to be an employee
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1 of the Illinois Department of Children and Family
2 Services engaged in the performance of his authorized
3 duties as such employee;
4 (14) Knows the individual harmed to be a person who
5 is physically handicapped; or
6 (15) Knowingly and without legal justification and
7 by any means causes bodily harm to a merchant who detains
8 the person for an alleged commission of retail theft
9 under Section 16A-5 of this Code. In this item (15),
10 "merchant" has the meaning ascribed to it in Section
11 16A-2.4 of this Code.
12 For the purpose of paragraph (14) of subsection (b) of
13 this Section, a physically handicapped person is a person who
14 suffers from a permanent and disabling physical
15 characteristic, resulting from disease, injury, functional
16 disorder or congenital condition.
17 (c) A person who administers to an individual or causes
18 him to take, without his consent or by threat or deception,
19 and for other than medical purposes, any intoxicating,
20 poisonous, stupefying, narcotic, anesthetic, or controlled
21 substance commits aggravated battery.
22 (d) A person who knowingly gives to another person any
23 food that contains any substance or object that is intended
24 to cause physical injury if eaten, commits aggravated
25 battery.
26 (d-5) A person commits aggravated battery when he or she
27 knowingly and without lawful justification shines or flashes
28 a laser gunsight or other laser device that is attached or
29 affixed to a firearm, or used in concert with a firearm, so
30 that the laser beam strikes upon or against the person of
31 another.
32 (e) Sentence.
33 Aggravated battery is a Class 3 felony.
34 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98;
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1 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)
2 Section 99. Effective date. This Act shall take effect
3 January 1, 2000.
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