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Public Act 094-0482
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| HB1432 Enrolled |
LRB094 05444 RLC 35489 b |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing |
Sections 12-2 and 12-4 as follows:
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(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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Sec. 12-2. Aggravated assault.
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(a) A person commits an aggravated assault, when, in |
committing an
assault, he:
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(1) Uses a deadly weapon or any device manufactured and |
designed to be
substantially similar in appearance to a |
firearm, other than by
discharging a firearm in the |
direction of another person, a peace
officer, a person |
summoned or directed by a peace officer, a correctional
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officer or a fireman or in the direction of a vehicle |
occupied by another
person, a peace officer, a person |
summoned or directed by a peace officer,
a correctional |
officer or a fireman while the officer or fireman is
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engaged in the execution of any of his official duties, or |
to prevent the
officer or fireman from performing his |
official duties, or in retaliation
for the officer or |
fireman performing his official duties;
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(2) Is hooded, robed or masked in such manner as to |
conceal his
identity or any device manufactured and |
designed to be substantially
similar in appearance to a |
firearm;
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(3) Knows the individual assaulted to be a teacher or |
other person
employed in any school and such teacher or |
other employee is upon the
grounds of a school or grounds |
adjacent thereto, or is in any part of a
building used for |
school purposes;
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(4) Knows the individual assaulted to be a supervisor, |
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director,
instructor or other person employed in any park |
district and such
supervisor, director, instructor or |
other employee is upon the grounds of
the park or grounds |
adjacent thereto, or is in any part of a building used
for |
park purposes;
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(5) Knows the individual assaulted to be a caseworker, |
investigator, or
other person employed by the State |
Department of Public Aid, a
County
Department of Public |
Aid, or the Department of Human Services (acting as
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successor to the Illinois Department of Public Aid under |
the Department of
Human Services Act) and such caseworker, |
investigator, or other person
is upon the grounds of a |
public aid office or grounds adjacent thereto, or
is in any |
part of a building used for public aid purposes, or upon |
the
grounds of a home of a public aid applicant, recipient |
or any other person
being interviewed or investigated in |
the employees' discharge of his
duties, or on grounds |
adjacent thereto, or is in any part of a building in
which |
the applicant, recipient, or other such person resides or |
is located;
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(6) Knows the individual assaulted to be a peace |
officer, or a community
policing volunteer, or a fireman
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while the officer or fireman is engaged in the execution of |
any of his
official duties, or to prevent the officer, |
community policing volunteer,
or fireman from performing
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his official duties, or in retaliation for the officer, |
community policing
volunteer, or fireman
performing his |
official duties, and the assault is committed other than by
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the discharge of a firearm in the direction of the officer |
or fireman or
in the direction of a vehicle occupied by the |
officer or fireman;
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(7) Knows the individual assaulted to be
an emergency |
medical technician - ambulance, emergency medical
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technician - intermediate, emergency medical technician - |
paramedic, ambulance
driver or other medical
assistance or |
first aid personnel engaged in the
execution of any of his |
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official duties, or to prevent the
emergency medical |
technician - ambulance, emergency medical
technician - |
intermediate, emergency medical technician - paramedic,
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ambulance driver, or other medical assistance or first aid |
personnel from
performing his official duties, or in |
retaliation for the
emergency medical technician - |
ambulance, emergency medical
technician - intermediate, |
emergency medical technician - paramedic,
ambulance |
driver, or other medical assistance or first aid personnel
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performing his official duties;
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(8) Knows the individual assaulted to be the driver, |
operator, employee
or passenger of any transportation |
facility or system engaged in the
business of |
transportation of the public for hire and the individual
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assaulted is then performing in such capacity or then using |
such public
transportation as a passenger or using any area |
of any description
designated by the transportation |
facility or system as a vehicle boarding,
departure, or |
transfer location;
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(9) Or the individual assaulted is on or about a public |
way, public
property, or public place of accommodation or |
amusement;
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(9.5) Is, or the individual assaulted is, in or about a |
publicly or privately owned sports or entertainment arena, |
stadium, community or convention hall, special event |
center, amusement facility, or a special event center in a |
public park during any 24-hour period when a professional |
sporting event, National Collegiate Athletic Association |
(NCAA)-sanctioned sporting event, United States Olympic |
Committee-sanctioned sporting event, or International |
Olympic Committee-sanctioned sporting event is taking |
place in this venue;
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(10) Knows the individual assaulted to be an employee |
of the State of
Illinois, a municipal corporation therein |
or a political subdivision
thereof, engaged in the |
performance of his authorized duties as such
employee;
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(11) Knowingly and without legal justification, |
commits an assault on
a physically handicapped person;
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(12) Knowingly and without legal justification, |
commits an assault on a
person 60 years of age or older;
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(13) Discharges a firearm;
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(14) Knows the individual assaulted to be a |
correctional officer, while
the officer is engaged in the |
execution of any of his or her official duties,
or to |
prevent the officer from performing his or her official |
duties, or in
retaliation for the officer performing his or |
her official duties;
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(15) Knows the individual assaulted to be a |
correctional employee or
an employee of the Department of |
Human Services supervising or controlling
sexually |
dangerous persons or sexually violent persons, while
the |
employee is engaged in the execution of any of his or her |
official duties,
or to prevent the employee from performing |
his or her official duties, or in
retaliation for the |
employee performing his or her official duties, and the
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assault is committed other than by the discharge of a |
firearm in the direction
of the employee or in the |
direction of a vehicle occupied by the employee;
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(16) Knows the individual assaulted to be an employee |
of a police or
sheriff's department engaged in the |
performance of his or her official duties
as such employee; |
or
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(17) Knows the individual assaulted to be a sports |
official or coach at any level of competition and the act |
causing the assault to the sports official or coach |
occurred within an athletic facility or an indoor or |
outdoor playing field or within the immediate vicinity of |
the athletic facility or an indoor or outdoor playing field |
at which the sports official or coach was an active |
participant in the athletic contest held at the athletic |
facility. For the purposes of this paragraph (17), "sports |
official" means a person at an athletic contest who |
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enforces the rules of the contest, such as an umpire or |
referee; and "coach" means a person recognized as a coach |
by the sanctioning authority that conducted the athletic |
contest.
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(a-5) A person commits an aggravated assault when he or she |
knowingly and
without lawful justification shines or flashes a |
laser gunsight or other laser
device that is attached or |
affixed to a firearm, or used in concert with a
firearm, so |
that the laser beam strikes near or in the immediate vicinity |
of
any person.
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(b) Sentence.
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Aggravated assault as defined in paragraphs (1) through (5) |
and (8) through
(12) and (17) of subsection (a) of this Section |
is a Class A misdemeanor. Aggravated
assault as defined in |
paragraphs (13), (14), and (15) of subsection (a) of this
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Section and as defined in subsection (a-5) of this Section is a |
Class 4
felony. Aggravated assault as defined in paragraphs
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(6), (7), and (16) of
subsection (a) of this Section is a Class |
A misdemeanor if a firearm is not
used in the commission of the |
assault. Aggravated assault as defined in
paragraphs (6), (7), |
and (16) of subsection (a) of this
Section is a Class 4 felony |
if a firearm is used in the commission of the
assault.
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(Source: P.A. 92-841, eff. 8-22-02; 92-865, eff. 1-3-03; |
93-692, eff. 1-1-05.)
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(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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Sec. 12-4. Aggravated Battery.
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(a) A person who, in committing a battery, intentionally or |
knowingly
causes great bodily harm, or permanent disability or |
disfigurement commits
aggravated battery.
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(b) In committing a battery, a person commits aggravated |
battery if he or
she:
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(1) Uses a deadly weapon other than by the discharge of |
a firearm;
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(2) Is hooded, robed or masked, in such manner as to |
conceal his
identity;
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(3) Knows the individual harmed to be a teacher or |
other person
employed in any school and such teacher or |
other employee is upon the
grounds of a school or grounds |
adjacent thereto, or is in any part of a
building used for |
school purposes;
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(4) Knows the individual harmed to be a supervisor, |
director,
instructor or other person employed in any park |
district and such
supervisor, director, instructor or |
other employee is upon the grounds
of the park or grounds |
adjacent thereto, or is in any part of a building
used for |
park purposes;
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(5) Knows the individual harmed to be a caseworker, |
investigator, or
other person employed by the State |
Department of Public Aid, a County
Department of Public |
Aid, or the Department of Human Services (acting as
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successor to the Illinois Department of Public Aid under |
the Department of
Human Services Act) and such caseworker, |
investigator, or other
person is upon the grounds of a |
public aid office or grounds adjacent
thereto, or is in any |
part of a building used for public aid purposes,
or upon |
the grounds of a home of a public aid applicant, recipient, |
or
any other person being interviewed or investigated in |
the employee's
discharge of his duties, or on grounds |
adjacent thereto, or is in any
part of a building in which |
the applicant, recipient, or other such
person resides or |
is located;
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(6) Knows the individual harmed to be a peace officer, |
a community
policing volunteer, a correctional institution |
employee, an employee
of the Department of Human Services |
supervising or controlling sexually
dangerous persons or |
sexually violent persons, or a fireman while
such officer, |
volunteer, employee or fireman is engaged in the execution |
of
any official duties including arrest or attempted |
arrest, or to prevent the
officer, volunteer, employee or |
fireman from performing official duties, or in
retaliation |
for the officer, volunteer, employee or fireman performing |
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official
duties, and the battery is committed other than by |
the discharge of a firearm;
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(7) Knows the individual harmed to be an emergency |
medical technician -
ambulance, emergency medical |
technician - intermediate, emergency medical
technician - |
paramedic, ambulance driver, other medical assistance, |
first
aid personnel, or hospital personnel engaged in the
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performance of any of his or her official duties,
or to |
prevent the emergency medical technician - ambulance, |
emergency medical
technician - intermediate, emergency |
medical technician - paramedic, ambulance
driver, other |
medical assistance, first aid personnel, or
hospital |
personnel from performing
official duties, or in |
retaliation for performing official duties;
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(8) Is, or the person battered is, on or about a public |
way, public
property or public place of accommodation or |
amusement;
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(8.5) Is, or the person battered is, on a publicly or |
privately owned sports or entertainment arena, stadium, |
community or convention hall, special event center, |
amusement facility, or a special event center in a public |
park during any 24-hour period when a professional sporting |
event, National Collegiate Athletic Association |
(NCAA)-sanctioned sporting event, United States Olympic |
Committee-sanctioned sporting event, or International |
Olympic Committee-sanctioned sporting event is taking |
place in this venue;
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(9) Knows the individual harmed to be the driver, |
operator, employee
or passenger of any transportation |
facility or system engaged in the
business of |
transportation of the public for hire and the individual
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assaulted is then performing in such capacity or then using |
such public
transportation as a passenger or using any area |
of any description
designated by the transportation |
facility or system as a vehicle
boarding, departure, or |
transfer location;
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(10) Knowingly and without legal justification and by |
any means
causes bodily harm to an individual of 60 years |
of age or older;
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(11) Knows the individual harmed is pregnant;
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(12) Knows the individual harmed to be a judge whom the
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person intended to harm as a result of the judge's |
performance of his or
her official duties as a judge;
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(13) Knows the individual harmed to be an employee of |
the Illinois
Department of Children and Family Services |
engaged in the performance of
his authorized duties as such |
employee;
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(14) Knows the individual harmed to be a person who is |
physically
handicapped;
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(15) Knowingly and without legal justification and by |
any means causes
bodily harm to a merchant who detains the |
person for an alleged commission of
retail theft under |
Section 16A-5 of this Code.
In this item (15), "merchant" |
has the meaning ascribed to it in Section
16A-2.4 of this |
Code;
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(16) Is, or the person battered is, in 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
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Violence Act of 1986 or the Domestic Violence Shelters Act, |
or the person
battered is within 500 feet of such a |
building or other structure while going
to or from such a |
building or other structure. "Domestic violence" has the
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meaning ascribed to it in Section 103 of the Illinois |
Domestic Violence Act of
1986. "Building or other structure |
used to provide shelter" has the meaning
ascribed to |
"shelter" in Section 1 of the Domestic Violence Shelters |
Act; or
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(17) Knows the individual harmed to be an employee of a |
police or
sheriff's department engaged in the performance |
of his or her official duties
as such employee.
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For the purpose of paragraph (14) of subsection (b) of this |
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Section, a
physically handicapped person is a person who |
suffers from a permanent and
disabling physical |
characteristic, resulting from disease, injury,
functional |
disorder or congenital condition.
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(c) A person who administers to an individual or causes him |
to take,
without his consent or by threat or deception, and for |
other than
medical purposes, any intoxicating, poisonous, |
stupefying, narcotic,
anesthetic, or controlled substance |
commits aggravated battery.
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(d) A person who knowingly gives to another person any food |
that
contains any substance or object that is intended to cause |
physical
injury if eaten, commits aggravated battery.
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(d-3) A person commits aggravated battery when he or she |
knowingly and
without lawful justification shines or flashes a |
laser gunsight or other laser
device that is attached or |
affixed to a firearm, or used in concert with a
firearm, so |
that the laser beam strikes upon or against the person of |
another.
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(d-5) An inmate of a penal institution or a sexually |
dangerous person or a
sexually violent person in the custody of |
the Department of Human Services
who causes or attempts to |
cause a
correctional employee of the penal institution or an |
employee of the
Department of Human Services to come into |
contact with blood,
seminal fluid, urine, or feces, by |
throwing, tossing, or expelling that fluid
or material commits |
aggravated battery. For purposes of this subsection (d-5),
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"correctional employee" means a person who is employed by a |
penal institution.
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(e) Sentence.
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Aggravated battery is a Class 3 felony, except a violation |
of subsection (a)
is a Class 2 felony when the person knows the |
individual harmed to be a peace
officer engaged in the |
execution of any of his or her official duties, or the
battery |
is to prevent the officer from performing his or her official |
duties,
or in retaliation for the officer performing his or her |
official duties.
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