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Public Act 099-0256
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| HB3184 Enrolled | LRB099 06229 RLC 26294 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 2012 is amended by changing |
Section 12-2 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) Offense based on location of conduct. A person commits |
aggravated assault when he or she commits an assault against an |
individual who is on or about a public way, public property, a |
public place of accommodation or amusement, or a sports venue. |
(b) Offense based on status of victim. A person commits |
aggravated assault when, in committing an assault, he or she |
knows the individual assaulted to be any of the following: |
(1) A physically handicapped person or a person 60 |
years of age or older and the assault is without legal |
justification. |
(2) 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. |
(3) A park district employee upon park grounds or |
grounds adjacent to a park or in any part of a building |
used for park purposes. |
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(4) A peace officer, community policing volunteer, |
fireman, private security officer, emergency management |
worker, emergency medical technician, or utility worker: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(4.1) A peace officer, fireman, emergency management |
worker, or emergency medical technician: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(5) A correctional officer or probation officer: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(6) A correctional institution employee, a county |
juvenile detention center employee who provides direct and |
continuous supervision of residents of a juvenile |
detention center, including a county juvenile detention |
center employee who supervises recreational activity for |
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residents of a juvenile detention center, or a Department |
of Human Services employee, Department of Human Services |
officer, or employee of a subcontractor of the Department |
of Human Services supervising or controlling sexually |
dangerous persons or sexually violent persons: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
or her official duties. |
(7) An employee of the State of Illinois, a municipal |
corporation therein, or a political subdivision thereof, |
performing his or her official duties. |
(8) A transit employee performing his or her official |
duties, or a transit passenger. |
(9) A sports official or coach actively participating |
in any level of athletic competition within a sports venue, |
on an indoor playing field or outdoor playing field, or |
within the immediate vicinity of such a facility or field. |
(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. |
(c) Offense based on use of firearm, device, or motor |
vehicle. A person commits aggravated assault when, in |
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committing an assault, he or she does any of the following: |
(1) Uses a deadly weapon, an air rifle as defined in |
Section 24.8-0.1 of this Act the Air Rifle Act, or any |
device manufactured and designed to be substantially |
similar in appearance to a firearm, other than by |
discharging a firearm. |
(2) Discharges a firearm, other than from a motor |
vehicle. |
(3) Discharges a firearm from a motor vehicle. |
(4) Wears a hood, robe, or mask to conceal his or her |
identity. |
(5) Knowingly and without lawful justification shines |
or flashes a laser gun sight or other laser device attached |
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. |
(6) Uses a firearm, other than by discharging the |
firearm, against a peace officer, community policing |
volunteer, fireman, private security officer, emergency |
management worker, emergency medical technician, employee |
of a police department, employee of a sheriff's department, |
or traffic control municipal employee: |
(i) performing his or her official duties; |
(ii) assaulted to prevent performance of his or her |
official duties; or |
(iii) assaulted in retaliation for performing his |
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or her official duties. |
(7) Without justification operates a motor vehicle in a |
manner which places a person, other than a person listed in |
subdivision (b)(4), in reasonable apprehension of being |
struck by the moving motor vehicle. |
(8) Without justification operates a motor vehicle in a |
manner which places a person listed in subdivision (b)(4), |
in reasonable apprehension of being struck by the moving |
motor vehicle. |
(9) Knowingly video or audio records the offense with |
the intent to disseminate the recording. |
(d) Sentence. Aggravated assault as defined in subdivision |
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), |
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that |
aggravated assault as defined in subdivision (b)(4) and (b)(7) |
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 subdivision (b)(4.1), (b)(5), (b)(6), |
(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony. |
Aggravated assault as defined in subdivision (c)(3) or (c)(8) |
is a Class 3 felony. |
(e) For the purposes of this Section, "Category I weapon", |
"Category II weapon, and "Category III weapon" have the |
meanings ascribed to those terms in Section 33A-1 of this Code.
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(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12; |
97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff. |