Public Act 096-1109
 
SB2488 EnrolledLRB096 13407 RLC 28134 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 1961 is amended  by changing 
Section 12-2 as follows:
 



    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)


    Sec. 12-2. Aggravated assault. 

    (a) A person commits an aggravated assault, when, in 
committing an
assault, he:


        (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

    officer, a private security 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, a private security officer, or a 
    fireman while the officer or fireman is
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;


        (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;


        (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;


        (4) Knows the individual assaulted 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;


        (5) Knows the individual assaulted to be a caseworker, 
    investigator, or
other person employed by the Department of 
    Healthcare and Family Services (formerly State Department 
    of Public Aid), a
County
Department of Public Aid, or the 
    Department of Human Services (acting as
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;


        (6) Knows the individual assaulted to be a peace 
    officer, a community
policing volunteer, a private 
    security officer, or a fireman
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
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
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;


        (7) Knows the individual assaulted to be
an emergency 
    medical technician - ambulance, emergency medical

    technician - intermediate, emergency medical technician - 
    paramedic, ambulance
driver or other medical
assistance or 
    first aid personnel engaged in the
execution of any of his 
    official duties, or to prevent the
emergency medical 
    technician - ambulance, emergency medical
technician - 
    intermediate, emergency medical technician - paramedic,

    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

    performing his official duties;


        (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

    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;


        (9) Or the individual assaulted is on or about a public 
    way, public
property, or public place of accommodation or 
    amusement;

        (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;


        (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;


        (11) Knowingly and without legal justification, 
    commits an assault on
a physically handicapped person;


        (12) Knowingly and without legal justification, 
    commits an assault on a
person 60 years of age or older;


        (13) Discharges a firearm, other than from a motor 
    vehicle;

        (13.5) Discharges a firearm from a motor vehicle;


        (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;


        (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

    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;



        (16) Knows the individual assaulted to be an employee 
    of a police or
sheriff's department, or a person who is 
    employed by a municipality and whose duties include traffic 
    control,  engaged in the performance of his or her official 
    duties
as such employee;

        (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 
    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;

        (18) Knows the individual assaulted to be an emergency 
    management
worker, while the emergency management worker 
    is engaged in the execution of
any of his or her official 
    duties,
or to prevent the emergency management worker from 
    performing his or her
official duties, or in retaliation 
    for the emergency management worker
performing his or her 
    official duties, and the assault is committed other than
by 
    the discharge of a firearm in the direction of the 
    emergency management
worker or in the direction of a 
    vehicle occupied by the emergency management
worker; or
        (19) Knows the individual assaulted to be a utility 
    worker, while the utility worker is engaged in the 
    execution of  his or her duties, or to prevent the utility 
    worker from performing his or her duties,  or in retaliation 
    for the utility worker performing his or her duties.  In 
    this paragraph (19), "utility worker" means a person 
    employed by a public utility as defined in Section 3-105 of 
    the Public Utilities Act and also includes an employee of a 
    municipally owned utility, an employee of a cable 
    television company, an employee of an electric
cooperative 
    as defined in Section 3-119 of the Public Utilities
Act, an 
    independent contractor or an employee of an independent

    contractor working on behalf of a cable television company,  
    public utility, municipally
owned utility, or an electric 
    cooperative, or an employee of a
telecommunications 
    carrier as defined in Section 13-202 of the
Public 
    Utilities Act, an independent contractor or an employee of

    an independent contractor working on behalf of a

    telecommunications carrier, or an employee of a telephone 
    or
telecommunications cooperative as defined in Section 
    13-212 of
the Public Utilities Act, or an independent 
    contractor or an
employee of an independent contractor 
    working on behalf of a
telephone or telecommunications 
    cooperative.
    (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.

    (b) Sentence.

    Aggravated assault as defined in paragraphs (1) through (5) 
and (8) through
(12) and (17) and (19) 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
Section and as defined in subsection (a-5) of this Section 
is a Class 4
felony.  Aggravated
assault as defined in 
paragraphs (6) and (16) of subsection (a) of this
Section is a 
Class A misdemeanor if a Category I, Category II, or Category 
III weapon is not used in the commission of the
assault.  
Aggravated
assault as defined in paragraphs (6) and (16) of 
subsection (a) of this
Section is a Class 4
felony if a 
Category I, Category II, or Category III weapon is used in the 
commission of the
assault. Aggravated assault as defined in 
paragraphs
(6), (7), (16), and (18) 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), (16), and (18) of subsection (a) of this

Section is a Class 4 felony if a firearm is used in the 
commission of the
assault. Aggravated assault as defined in 
paragraph (13.5) of subsection (a) is a Class 3 felony. For the 
purposes of this subsection (b), "Category I weapon", "Category 
II weapon", and "Category III weapon" have the meanings 
ascribed to those terms in subsection (c) of Section 33A-1 of 
this Code. 

    (c) For the purposes of paragraphs (1) and (6) of 
subsection (a), "private security officer" means a registered  
employee of a private security contractor agency under the 
Private Detective, Private Alarm, Private Security, 
Fingerprint Vendor, and Locksmith Act of 2004.
(Source: P.A. 94-243, eff. 1-1-06; 94-482, eff. 1-1-06; 95-236, 
eff. 1-1-08; 95-292, eff. 8-20-07; 95-331, eff. 8-21-07; 
95-429, eff. 1-1-08; 95-591, eff. 9-10-07; 95-876, eff. 
8-21-08.)