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1 | AN ACT concerning criminal law.
| ||||||||||||||||||||||||||||||||||
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 changing | ||||||||||||||||||||||||||||||||||
5 | Sections 10-2, 12-2, 12-4, 18-5, and 20-1.1 and by adding | ||||||||||||||||||||||||||||||||||
6 | Section 2-8.5 as follows: | ||||||||||||||||||||||||||||||||||
7 | (720 ILCS 5/2-8.5 new) | ||||||||||||||||||||||||||||||||||
8 | Sec. 2-8.5. Gang member. "Gang member" has the meaning | ||||||||||||||||||||||||||||||||||
9 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||||||||||||||||||||||||||||||
10 | Terrorism Omnibus Prevention Act.
| ||||||||||||||||||||||||||||||||||
11 | (720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
| ||||||||||||||||||||||||||||||||||
12 | Sec. 10-2. Aggravated kidnaping.
| ||||||||||||||||||||||||||||||||||
13 | (a) A kidnaper within the
definition of paragraph (a) of | ||||||||||||||||||||||||||||||||||
14 | Section 10-1 is guilty of the offense of
aggravated kidnaping | ||||||||||||||||||||||||||||||||||
15 | when he:
| ||||||||||||||||||||||||||||||||||
16 | (1) Kidnaps for the purpose of obtaining ransom from | ||||||||||||||||||||||||||||||||||
17 | the person
kidnaped or from any other person, or
| ||||||||||||||||||||||||||||||||||
18 | (2) Takes as his victim a child under the age of 13 | ||||||||||||||||||||||||||||||||||
19 | years, or a severely or profoundly mentally retarded | ||||||||||||||||||||||||||||||||||
20 | person, or
| ||||||||||||||||||||||||||||||||||
21 | (3) Inflicts great bodily harm, other than by the | ||||||||||||||||||||||||||||||||||
22 | discharge of a
firearm, or commits another felony upon his
| ||||||||||||||||||||||||||||||||||
23 | victim, or
| ||||||||||||||||||||||||||||||||||
24 | (4) Wears a hood, robe or mask or conceals his | ||||||||||||||||||||||||||||||||||
25 | identity, or
| ||||||||||||||||||||||||||||||||||
26 | (5) Commits the offense of kidnaping while armed with a | ||||||||||||||||||||||||||||||||||
27 | dangerous
weapon, other than a firearm, as defined in | ||||||||||||||||||||||||||||||||||
28 | Section 33A-1 of the "Criminal
Code of 1961", or
| ||||||||||||||||||||||||||||||||||
29 | (6) Commits the offense of kidnaping while armed with a | ||||||||||||||||||||||||||||||||||
30 | firearm, or
| ||||||||||||||||||||||||||||||||||
31 | (7) During the commission of the offense of kidnaping, |
| |||||||
| |||||||
1 | personally
discharged a firearm, or
| ||||||
2 | (8) During the commission of the offense of kidnaping, | ||||||
3 | personally
discharged a firearm that proximately caused | ||||||
4 | great bodily harm, permanent
disability, permanent | ||||||
5 | disfigurement, or death to another person , or | ||||||
6 | (9) Is a gang member .
| ||||||
7 | As used in this Section, "ransom" includes money, benefit | ||||||
8 | or other
valuable thing or concession.
| ||||||
9 | (b) Sentence. Aggravated kidnaping
in violation of | ||||||
10 | paragraph (1), (2), (3), (4), or (5) , or (9) of subsection (a)
| ||||||
11 | is a Class X felony.
A violation of subsection (a)(6) is a | ||||||
12 | Class X felony for which 15 years
shall be added to the term of | ||||||
13 | imprisonment imposed by the court. A violation of
subsection | ||||||
14 | (a)(7) is a Class X felony for which 20 years shall be added to | ||||||
15 | the
term of imprisonment imposed by the court. A violation of | ||||||
16 | subsection (a)(8) is
a Class X felony for which 25 years or up | ||||||
17 | to a term of natural life shall be
added to the term of | ||||||
18 | imprisonment imposed by the court.
| ||||||
19 | A person who is convicted of a second or subsequent offense | ||||||
20 | of
aggravated kidnaping shall be sentenced to a term of natural | ||||||
21 | life imprisonment;
provided, however, that a sentence of | ||||||
22 | natural life imprisonment shall not be
imposed under this | ||||||
23 | Section unless the second or subsequent offense was
committed | ||||||
24 | after conviction on the first offense.
| ||||||
25 | (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02.)
| ||||||
26 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| ||||||
27 | Sec. 12-2. Aggravated assault.
| ||||||
28 | (a) A person commits an aggravated assault, when, in | ||||||
29 | committing an
assault, he:
| ||||||
30 | (1) Uses a deadly weapon or any device manufactured and | ||||||
31 | designed to be
substantially similar in appearance to a | ||||||
32 | firearm, other than by
discharging a firearm in the | ||||||
33 | direction of another person, a peace
officer, a person | ||||||
34 | summoned or directed by a peace officer, a correctional
| ||||||
35 | officer or a fireman or in the direction of a vehicle |
| |||||||
| |||||||
1 | occupied by another
person, a peace officer, a person | ||||||
2 | summoned or directed by a peace officer,
a correctional | ||||||
3 | officer or a fireman while the officer or fireman is
| ||||||
4 | engaged in the execution of any of his official duties, or | ||||||
5 | to prevent the
officer or fireman from performing his | ||||||
6 | official duties, or in retaliation
for the officer or | ||||||
7 | fireman performing his official duties;
| ||||||
8 | (2) Is hooded, robed or masked in such manner as to | ||||||
9 | conceal his
identity or any device manufactured and | ||||||
10 | designed to be substantially
similar in appearance to a | ||||||
11 | firearm;
| ||||||
12 | (3) Knows the individual assaulted to be a teacher or | ||||||
13 | other person
employed in any school and such teacher or | ||||||
14 | other employee is upon the
grounds of a school or grounds | ||||||
15 | adjacent thereto, or is in any part of a
building used for | ||||||
16 | school purposes;
| ||||||
17 | (4) Knows the individual assaulted to be a supervisor, | ||||||
18 | director,
instructor or other person employed in any park | ||||||
19 | district and such
supervisor, director, instructor or | ||||||
20 | other employee is upon the grounds of
the park or grounds | ||||||
21 | adjacent thereto, or is in any part of a building used
for | ||||||
22 | park purposes;
| ||||||
23 | (5) Knows the individual assaulted to be a caseworker, | ||||||
24 | investigator, or
other person employed by the Department of | ||||||
25 | Healthcare and Family Services (formerly State Department | ||||||
26 | of Public Aid ) , a
County
Department of Public Aid, or the | ||||||
27 | Department of Human Services (acting as
successor to the | ||||||
28 | Illinois Department of Public Aid under the Department of
| ||||||
29 | Human Services Act) and such caseworker, investigator, or | ||||||
30 | other person
is upon the grounds of a public aid office or | ||||||
31 | grounds adjacent thereto, or
is in any part of a building | ||||||
32 | used for public aid purposes, or upon the
grounds of a home | ||||||
33 | of a public aid applicant, recipient or any other person
| ||||||
34 | being interviewed or investigated in the employees' | ||||||
35 | discharge of his
duties, or on grounds adjacent thereto, or | ||||||
36 | is in any part of a building in
which the applicant, |
| |||||||
| |||||||
1 | recipient, or other such person resides or is located;
| ||||||
2 | (6) Knows the individual assaulted to be a peace | ||||||
3 | officer, or a community
policing volunteer, or a fireman
| ||||||
4 | while the officer or fireman is engaged in the execution of | ||||||
5 | any of his
official duties, or to prevent the officer, | ||||||
6 | community policing volunteer,
or fireman from performing
| ||||||
7 | his official duties, or in retaliation for the officer, | ||||||
8 | community policing
volunteer, or fireman
performing his | ||||||
9 | official duties, and the assault is committed other than by
| ||||||
10 | the discharge of a firearm in the direction of the officer | ||||||
11 | or fireman or
in the direction of a vehicle occupied by the | ||||||
12 | officer or fireman;
| ||||||
13 | (7) Knows the individual assaulted to be
an emergency | ||||||
14 | medical technician - ambulance, emergency medical
| ||||||
15 | technician - intermediate, emergency medical technician - | ||||||
16 | paramedic, ambulance
driver or other medical
assistance or | ||||||
17 | first aid personnel engaged in the
execution of any of his | ||||||
18 | official duties, or to prevent the
emergency medical | ||||||
19 | technician - ambulance, emergency medical
technician - | ||||||
20 | intermediate, emergency medical technician - paramedic,
| ||||||
21 | ambulance driver, or other medical assistance or first aid | ||||||
22 | personnel from
performing his official duties, or in | ||||||
23 | retaliation for the
emergency medical technician - | ||||||
24 | ambulance, emergency medical
technician - intermediate, | ||||||
25 | emergency medical technician - paramedic,
ambulance | ||||||
26 | driver, or other medical assistance or first aid personnel
| ||||||
27 | performing his official duties;
| ||||||
28 | (8) Knows the individual assaulted to be the driver, | ||||||
29 | operator, employee
or passenger of any transportation | ||||||
30 | facility or system engaged in the
business of | ||||||
31 | transportation of the public for hire and the individual
| ||||||
32 | assaulted is then performing in such capacity or then using | ||||||
33 | such public
transportation as a passenger or using any area | ||||||
34 | of any description
designated by the transportation | ||||||
35 | facility or system as a vehicle boarding,
departure, or | ||||||
36 | transfer location;
|
| |||||||
| |||||||
1 | (9) Or the individual assaulted is on or about a public | ||||||
2 | way, public
property, or public place of accommodation or | ||||||
3 | amusement;
| ||||||
4 | (9.5) Is, or the individual assaulted is, in or about a | ||||||
5 | publicly or privately owned sports or entertainment arena, | ||||||
6 | stadium, community or convention hall, special event | ||||||
7 | center, amusement facility, or a special event center in a | ||||||
8 | public park during any 24-hour period when a professional | ||||||
9 | sporting event, National Collegiate Athletic Association | ||||||
10 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
11 | Committee-sanctioned sporting event, or International | ||||||
12 | Olympic Committee-sanctioned sporting event is taking | ||||||
13 | place in this venue;
| ||||||
14 | (10) Knows the individual assaulted to be an employee | ||||||
15 | of the State of
Illinois, a municipal corporation therein | ||||||
16 | or a political subdivision
thereof, engaged in the | ||||||
17 | performance of his authorized duties as such
employee;
| ||||||
18 | (11) Knowingly and without legal justification, | ||||||
19 | commits an assault on
a physically handicapped person;
| ||||||
20 | (12) Knowingly and without legal justification, | ||||||
21 | commits an assault on a
person 60 years of age or older;
| ||||||
22 | (13) Discharges a firearm;
| ||||||
23 | (14) Knows the individual assaulted to be a | ||||||
24 | correctional officer, while
the officer is engaged in the | ||||||
25 | execution of any of his or her official duties,
or to | ||||||
26 | prevent the officer from performing his or her official | ||||||
27 | duties, or in
retaliation for the officer performing his or | ||||||
28 | her official duties;
| ||||||
29 | (15) Knows the individual assaulted to be a | ||||||
30 | correctional employee or
an employee of the Department of | ||||||
31 | Human Services supervising or controlling
sexually | ||||||
32 | dangerous persons or sexually violent persons, while
the | ||||||
33 | employee is engaged in the execution of any of his or her | ||||||
34 | official duties,
or to prevent the employee from performing | ||||||
35 | his or her official duties, or in
retaliation for the | ||||||
36 | employee performing his or her official duties, and the
|
| |||||||
| |||||||
1 | assault is committed other than by the discharge of a | ||||||
2 | firearm in the direction
of the employee or in the | ||||||
3 | direction of a vehicle occupied by the employee;
| ||||||
4 | (16) Knows the individual assaulted to be an employee | ||||||
5 | of a police or
sheriff's department engaged in the | ||||||
6 | performance of his or her official duties
as such employee; | ||||||
7 | or
| ||||||
8 | (17) Knows the individual assaulted to be a sports | ||||||
9 | official or coach at any level of competition and the act | ||||||
10 | causing the assault to the sports official or coach | ||||||
11 | occurred within an athletic facility or an indoor or | ||||||
12 | outdoor playing field or within the immediate vicinity of | ||||||
13 | the athletic facility or an indoor or outdoor playing field | ||||||
14 | at which the sports official or coach was an active | ||||||
15 | participant in the athletic contest held at the athletic | ||||||
16 | facility. For the purposes of this paragraph (17), "sports | ||||||
17 | official" means a person at an athletic contest who | ||||||
18 | enforces the rules of the contest, such as an umpire or | ||||||
19 | referee; and "coach" means a person recognized as a coach | ||||||
20 | by the sanctioning authority that conducted the athletic | ||||||
21 | contest ; or .
| ||||||
22 | (18) Knows the individual assaulted to be an emergency | ||||||
23 | management
worker, while the emergency management worker | ||||||
24 | is engaged in the execution of
any of his or her official | ||||||
25 | duties,
or to prevent the emergency management worker from | ||||||
26 | performing his or her
official duties, or in retaliation | ||||||
27 | for the emergency management worker
performing his or her | ||||||
28 | official duties, and the assault is committed other than
by | ||||||
29 | the discharge of a firearm in the direction of the | ||||||
30 | emergency management
worker or in the direction of a | ||||||
31 | vehicle occupied by the emergency management
worker.
| ||||||
32 | (a-5) A person commits an aggravated assault when he or she | ||||||
33 | knowingly and
without lawful justification shines or flashes a | ||||||
34 | laser gunsight or other laser
device that is attached or | ||||||
35 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
36 | that the laser beam strikes near or in the immediate vicinity |
| |||||||
| |||||||
1 | of
any person.
| ||||||
2 | (a-6) A person commits an aggravated assault when he or she | ||||||
3 | commits an assault and at the time of the commission of the | ||||||
4 | assault was a gang member.
| ||||||
5 | (b) Sentence.
| ||||||
6 | Aggravated assault as defined in paragraphs (1) through (5) | ||||||
7 | and (8) through
(12) and (17) of subsection (a) of this Section | ||||||
8 | is a Class A misdemeanor. Aggravated
assault as defined in | ||||||
9 | paragraphs (13), (14), and (15) of subsection (a) of this
| ||||||
10 | Section and as defined in subsections
subsection (a-5) and | ||||||
11 | (a-6) of this Section is a Class 4
felony. Aggravated assault | ||||||
12 | as defined in paragraphs
(6), (7), (16), and (18) of
subsection | ||||||
13 | (a) of this Section is a Class A misdemeanor if a firearm is | ||||||
14 | not
used in the commission of the assault. Aggravated assault | ||||||
15 | as defined in
paragraphs (6), (7), (16), and (18) of subsection | ||||||
16 | (a) of this
Section is a Class 4 felony if a firearm is used in | ||||||
17 | the commission of the
assault.
| ||||||
18 | (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | ||||||
19 | eff. 1-1-06; revised 12-15-05.)
| ||||||
20 | (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
| ||||||
21 | Sec. 12-4. Aggravated Battery.
| ||||||
22 | (a) A person who, in committing a battery, intentionally or | ||||||
23 | knowingly
causes great bodily harm, or permanent disability or | ||||||
24 | disfigurement commits
aggravated battery.
| ||||||
25 | (b) In committing a battery, a person commits aggravated | ||||||
26 | battery if he or
she:
| ||||||
27 | (1) Uses a deadly weapon other than by the discharge of | ||||||
28 | a firearm;
| ||||||
29 | (2) Is hooded, robed or masked, in such manner as to | ||||||
30 | conceal his
identity;
| ||||||
31 | (3) Knows the individual harmed to be a teacher or | ||||||
32 | other person
employed in any school and such teacher or | ||||||
33 | other employee is upon the
grounds of a school or grounds | ||||||
34 | adjacent thereto, or is in any part of a
building used for | ||||||
35 | school purposes;
|
| |||||||
| |||||||
1 | (4) (Blank);
| ||||||
2 | (5) (Blank);
| ||||||
3 | (6) Knows the individual harmed to be a community
| ||||||
4 | policing volunteer while
such volunteer is engaged in the | ||||||
5 | execution of
any official duties, or to prevent the | ||||||
6 | volunteer from performing official duties, or in
| ||||||
7 | retaliation for the volunteer performing official
duties, | ||||||
8 | and the battery is committed other than by the discharge of | ||||||
9 | a firearm;
| ||||||
10 | (7) Knows the individual harmed to be an emergency | ||||||
11 | medical technician -
ambulance, emergency medical | ||||||
12 | technician - intermediate, emergency medical
technician - | ||||||
13 | paramedic, ambulance driver, other medical assistance, | ||||||
14 | first
aid personnel, or hospital personnel engaged in the
| ||||||
15 | performance of any of his or her official duties,
or to | ||||||
16 | prevent the emergency medical technician - ambulance, | ||||||
17 | emergency medical
technician - intermediate, emergency | ||||||
18 | medical technician - paramedic, ambulance
driver, other | ||||||
19 | medical assistance, first aid personnel, or
hospital | ||||||
20 | personnel from performing
official duties, or in | ||||||
21 | retaliation for performing official duties;
| ||||||
22 | (8) Is, or the person battered is, on or about a public | ||||||
23 | way, public
property or public place of accommodation or | ||||||
24 | amusement;
| ||||||
25 | (8.5) Is, or the person battered is, on a publicly or | ||||||
26 | privately owned sports or entertainment arena, stadium, | ||||||
27 | community or convention hall, special event center, | ||||||
28 | amusement facility, or a special event center in a public | ||||||
29 | park during any 24-hour period when a professional sporting | ||||||
30 | event, National Collegiate Athletic Association | ||||||
31 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
32 | Committee-sanctioned sporting event, or International | ||||||
33 | Olympic Committee-sanctioned sporting event is taking | ||||||
34 | place in this venue;
| ||||||
35 | (9) Knows the individual harmed to be the driver, | ||||||
36 | operator, employee
or passenger of any transportation |
| |||||||
| |||||||
1 | facility or system engaged in the
business of | ||||||
2 | transportation of the public for hire and the individual
| ||||||
3 | assaulted is then performing in such capacity or then using | ||||||
4 | such public
transportation as a passenger or using any area | ||||||
5 | of any description
designated by the transportation | ||||||
6 | facility or system as a vehicle
boarding, departure, or | ||||||
7 | transfer location;
| ||||||
8 | (10) Knows the individual harmed to be an individual of | ||||||
9 | 60 years of age or older;
| ||||||
10 | (11) Knows the individual harmed is pregnant;
| ||||||
11 | (12) Knows the individual harmed to be a judge whom the
| ||||||
12 | person intended to harm as a result of the judge's | ||||||
13 | performance of his or
her official duties as a judge;
| ||||||
14 | (13) (Blank);
| ||||||
15 | (14) Knows the individual harmed to be a person who is | ||||||
16 | physically
handicapped;
| ||||||
17 | (15) Knowingly and without legal justification and by | ||||||
18 | any means causes
bodily harm to a merchant who detains the | ||||||
19 | person for an alleged commission of
retail theft under | ||||||
20 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
21 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
22 | Code;
| ||||||
23 | (16) Is, or the person battered is, in any building or | ||||||
24 | other structure
used to provide shelter or other services | ||||||
25 | to victims or to the dependent
children of victims of | ||||||
26 | domestic violence pursuant to the Illinois Domestic
| ||||||
27 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
28 | or the person
battered is within 500 feet of such a | ||||||
29 | building or other structure while going
to or from such a | ||||||
30 | building or other structure. "Domestic violence" has the
| ||||||
31 | meaning ascribed to it in Section 103 of the Illinois | ||||||
32 | Domestic Violence Act of
1986. "Building or other structure | ||||||
33 | used to provide shelter" has the meaning
ascribed to | ||||||
34 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
35 | Act;
| ||||||
36 | (17) (Blank); or
|
| |||||||
| |||||||
1 | (18) Knows the individual harmed to be an officer or | ||||||
2 | employee of the State of Illinois, a unit of local | ||||||
3 | government, or school district engaged in the performance | ||||||
4 | of his or her authorized duties as such officer or | ||||||
5 | employee ; or .
| ||||||
6 | (19)
(18) Knows the individual harmed to be an | ||||||
7 | emergency management worker
engaged in the performance of | ||||||
8 | any of his or her official duties, or to prevent
the | ||||||
9 | emergency management worker from performing official | ||||||
10 | duties, or in
retaliation for the emergency management | ||||||
11 | worker performing official duties.
| ||||||
12 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
13 | 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 him | ||||||
18 | to take,
without his consent or by threat or deception, and for | ||||||
19 | other than
medical purposes, any intoxicating, poisonous, | ||||||
20 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
21 | commits aggravated battery.
| ||||||
22 | (d) A person who knowingly gives to another person any food | ||||||
23 | that
contains any substance or object that is intended to cause | ||||||
24 | physical
injury if eaten, commits aggravated battery.
| ||||||
25 | (d-3) A person commits aggravated battery when he or she | ||||||
26 | knowingly and
without lawful justification shines or flashes a | ||||||
27 | laser gunsight or other laser
device that is attached or | ||||||
28 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
29 | that the laser beam strikes upon or against the person of | ||||||
30 | another.
| ||||||
31 | (d-5) An inmate of a penal institution or a sexually | ||||||
32 | dangerous person or a
sexually violent person in the custody of | ||||||
33 | the Department of Human Services
who causes or attempts to | ||||||
34 | cause a
correctional employee of the penal institution or an | ||||||
35 | employee of the
Department of Human Services to come into | ||||||
36 | contact with blood,
seminal fluid, urine, or feces, by |
| |||||||
| |||||||
1 | throwing, tossing, or expelling that fluid
or material commits | ||||||
2 | aggravated battery. For purposes of this subsection (d-5),
| ||||||
3 | "correctional employee" means a person who is employed by a | ||||||
4 | penal institution.
| ||||||
5 | (d-6) A person commits aggravated battery when he or she | ||||||
6 | commits battery and at the time of the commission of the | ||||||
7 | offense was a gang member.
| ||||||
8 | (e) Sentence.
| ||||||
9 | (1) Except as otherwise provided in paragraphs (2) and | ||||||
10 | (3), aggravated battery is a Class 3 felony. | ||||||
11 | (2) Aggravated battery that does not cause great bodily | ||||||
12 | harm or permanent disability or disfigurement is a Class 2 | ||||||
13 | felony when the person knows
the individual harmed to be a | ||||||
14 | peace officer, a community
policing volunteer, a | ||||||
15 | correctional institution employee, an
employee of the | ||||||
16 | Department of Human Services supervising or
controlling | ||||||
17 | sexually dangerous persons or sexually violent
persons, or | ||||||
18 | a fireman while such officer, volunteer, employee,
or | ||||||
19 | fireman is engaged in the execution of any official duties
| ||||||
20 | including arrest or attempted arrest, or to prevent the
| ||||||
21 | officer, volunteer, employee, or fireman from performing
| ||||||
22 | official duties, or in retaliation for the officer, | ||||||
23 | volunteer,
employee, or fireman performing official | ||||||
24 | duties, and the
battery is committed other than by the | ||||||
25 | discharge of a firearm.
| ||||||
26 | (3) Aggravated battery that causes great bodily harm or | ||||||
27 | permanent disability or disfigurement in
violation of | ||||||
28 | subsection (a)
is a Class 1 felony when the person knows | ||||||
29 | the individual harmed to be a peace
officer, a community
| ||||||
30 | policing volunteer, a correctional institution employee, | ||||||
31 | an employee
of the Department of Human Services supervising | ||||||
32 | or controlling sexually
dangerous persons or sexually | ||||||
33 | violent persons, or a fireman while
such officer, | ||||||
34 | volunteer, employee, or fireman is engaged in the execution | ||||||
35 | of
any official duties including arrest or attempted | ||||||
36 | arrest, or to prevent the
officer, volunteer, employee, or |
| |||||||
| |||||||
1 | fireman from performing official duties, or in
retaliation | ||||||
2 | for the officer, volunteer, employee, or fireman | ||||||
3 | performing official
duties, and the battery is committed | ||||||
4 | other than by the discharge of a firearm .
| ||||||
5 | (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, | ||||||
6 | eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; | ||||||
7 | 94-482, eff. 1-1-06; revised 8-19-05.)
| ||||||
8 | (720 ILCS 5/18-5)
| ||||||
9 | Sec. 18-5. Aggravated robbery.
| ||||||
10 | (a) A person commits aggravated robbery when he or she | ||||||
11 | takes property from
the person or presence of another by the | ||||||
12 | use of force or by threatening the
imminent use of force while | ||||||
13 | indicating verbally or by his or her actions to the
victim that | ||||||
14 | he or she is presently armed with a firearm or other dangerous
| ||||||
15 | weapon, including a knife, club, ax, or bludgeon. This offense | ||||||
16 | shall be
applicable even though it is later determined that he | ||||||
17 | or she had no firearm or
other dangerous weapon, including a | ||||||
18 | knife, club, ax, or bludgeon, in
his or her possession when he | ||||||
19 | or she committed the robbery.
| ||||||
20 | (a-5) A person commits aggravated robbery when he or she | ||||||
21 | takes property
from the person or presence of another by | ||||||
22 | delivering (by injection, inhalation,
ingestion, transfer of | ||||||
23 | possession, or any other means) to the victim without
his or | ||||||
24 | her consent, or by threat or deception,
and for other than | ||||||
25 | medical
purposes, any
controlled substance. | ||||||
26 | (a-6) A person commits aggravated robbery when he or she | ||||||
27 | commits a robbery and at the time of the commission of the | ||||||
28 | offense was a gang member.
| ||||||
29 | (b) Sentence. Aggravated robbery is a Class 1 felony.
| ||||||
30 | (Source: P.A. 90-593, eff. 1-1-99; 90-735,
eff. 8-11-98; | ||||||
31 | 91-357, eff. 7-29-99.)
| ||||||
32 | (720 ILCS 5/20-1.1) (from Ch. 38, par. 20-1.1)
| ||||||
33 | Sec. 20-1.1. Aggravated Arson.
| ||||||
34 | (a) A person commits
aggravated arson when in the course of |
| |||||||
| |||||||
1 | committing arson he or she
knowingly
damages, partially or | ||||||
2 | totally, any building or
structure, including any adjacent | ||||||
3 | building or
structure, including all or any part of a school | ||||||
4 | building, house trailer,
watercraft, motor
vehicle, or | ||||||
5 | railroad car, and (1) he knows or reasonably should know that
| ||||||
6 | one or
more persons are present therein or (2) any person | ||||||
7 | suffers
great bodily harm, or permanent disability or | ||||||
8 | disfigurement
as a result of the fire or explosion or (3) a | ||||||
9 | fireman,
policeman, or correctional officer who is present at | ||||||
10 | the scene acting in the line
of duty is injured as a result of | ||||||
11 | the fire or explosion.
For purposes of this Section, property | ||||||
12 | "of another" means a building or
other
property,
whether real | ||||||
13 | or personal, in which a person other than the offender has an
| ||||||
14 | interest that
the offender has no authority to defeat or | ||||||
15 | impair, even though the offender may
also have
an interest in | ||||||
16 | the building or property; and "school building"
means any | ||||||
17 | public or private preschool, elementary or secondary school,
| ||||||
18 | community college, college, or university.
| ||||||
19 | (a-5) A person commits aggravated arson when he or she | ||||||
20 | commits an arson and at the time of the commission of the | ||||||
21 | offense was a gang member.
| ||||||
22 | (b) Sentence. Aggravated arson is a Class X felony.
| ||||||
23 | (Source: P.A. 93-335, eff. 7-24-03; 94-127, eff. 7-7-05; | ||||||
24 | 94-393, eff. 8-1-05.)
|