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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4556
Introduced 1/18/2008, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/9-3 |
from Ch. 38, par. 9-3 |
720 ILCS 5/12-4 |
from Ch. 38, par. 12-4 |
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Amends the Criminal Code of 1961. Provides that in cases involving involuntary manslaughter in which the victim was 12 years of age or younger at the time of the commission of the offense, the court may sentence the defendant to a term of imprisonment of up to twice the maximum term otherwise authorized. In aggravated battery sentencing provisions, provides that, if the individual harmed is a peace officer or fireman, the court may impose a term of imprisonment up to twice the maximum term of imprisonment that is otherwise authorized.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB4556 |
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LRB095 13967 RLC 39779 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 |
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| Sections 9-3 and 12-4 as follows:
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| (720 ILCS 5/9-3) (from Ch. 38, par. 9-3)
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| (Text of Section after amendment by P.A. 95-467, 95-551, |
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| 95-587 ) |
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| Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
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| (a) A person who unintentionally kills an individual |
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| without lawful
justification commits involuntary manslaughter |
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| if his acts whether lawful
or unlawful which cause the death |
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| are such as are likely to cause death or
great bodily harm to |
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| some individual, and he performs them recklessly,
except in |
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| cases in which the cause of the death consists of the driving |
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| of
a motor vehicle or operating a snowmobile, all-terrain |
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| vehicle, or watercraft,
in which case the person commits |
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| reckless homicide. A person commits reckless homicide if he or |
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| she unintentionally kills an individual while driving a vehicle |
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| and using an incline in a roadway, such as a railroad crossing, |
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| bridge
approach, or hill, to cause the vehicle to become |
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| airborne.
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| (b) (Blank).
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HB4556 |
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LRB095 13967 RLC 39779 b |
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| (c) (Blank).
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| (d) Sentence.
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| (1) Involuntary manslaughter is a Class 3 felony.
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| (2) Reckless homicide is a Class 3 felony.
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| (e) (Blank).
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| (e-2) Except as provided in subsection (e-3), in cases |
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| involving reckless homicide in which the offense is committed |
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| upon a public thoroughfare where children pass going to and |
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| from school when a school crossing guard is performing official |
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| duties, the penalty is a Class 2 felony, for which a
person, if |
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| sentenced to a term of imprisonment, shall be sentenced to a |
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| term of
not less than 3 years and not more than 14 years. |
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| (e-3) In cases involving reckless homicide in which (i) the |
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| offense is committed upon a public thoroughfare where children |
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| pass going to and from school when a school crossing guard is |
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| performing official duties and (ii) the defendant causes the |
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| deaths of 2 or more persons as part of a single course of |
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| conduct, the penalty is a Class 2 felony, for which a
person, |
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| if sentenced to a term of imprisonment, shall be sentenced to a |
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| term of
not less than 6 years and not more than 28 years.
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| (e-5) (Blank).
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| (e-7) Except as otherwise provided in subsection (e-8), in |
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| cases involving
reckless homicide in which the defendant: (1)
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| was
driving in a construction or maintenance zone, as defined |
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| in Section 11-605.1
of the Illinois Vehicle Code, or (2) was |
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| operating a vehicle while failing or refusing to comply with |
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HB4556 |
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LRB095 13967 RLC 39779 b |
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| any lawful order or direction of any authorized police officer |
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| or traffic control aide engaged in traffic control,
the penalty |
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| is a Class 2 felony, for which a
person, if sentenced to a term |
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| of imprisonment, shall be sentenced to a term of
not less than |
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| 3 years and not more than 14 years.
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| (e-8) In cases involving reckless homicide in which the |
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| defendant caused the deaths of 2 or more persons as part of a |
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| single course of conduct and: (1) was
driving in a construction |
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| or maintenance zone, as defined in Section 11-605.1
of the |
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| Illinois Vehicle Code, or (2) was operating a vehicle while |
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| failing or refusing to comply with any lawful order or |
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| direction of any authorized police officer or traffic control |
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| aide engaged in traffic control,
the penalty is a Class 2 |
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| felony, for which a
person, if sentenced to a term of |
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| imprisonment, shall be sentenced to a term of
not less than 6 |
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| years and not more than 28 years.
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| (e-9) In cases involving reckless homicide in which the |
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| defendant drove a vehicle and used an incline in a roadway, |
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| such as a railroad crossing, bridge
approach, or hill, to cause |
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| the vehicle to become airborne, and caused the deaths of 2 or |
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| more persons as
part of a single course of conduct,
the penalty |
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| is a Class 2 felony.
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| (e-10) In cases involving involuntary manslaughter or |
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| reckless homicide resulting in the death of a peace officer |
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| killed in the performance of his or her duties as a peace |
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| officer, the penalty is a Class 2 felony.
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LRB095 13967 RLC 39779 b |
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| (e-11)
(e-10) In cases involving reckless homicide in which |
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| the defendant unintentionally kills an individual while |
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| driving in a posted school zone, as defined in Section 11-605 |
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| of the Illinois Vehicle Code, while children are present or in |
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| a construction or maintenance zone, as defined in Section |
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| 11-605.1 of the Illinois Vehicle Code, when construction or |
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| maintenance workers are present the trier of fact may infer |
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| that the defendant's actions were performed recklessly where he |
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| or she was also either driving at a speed of more than 20 miles |
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| per hour in excess of the posted speed limit or violating |
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| Section 11-501 of the Illinois Vehicle Code.
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| (f) In cases involving involuntary manslaughter in which |
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| the victim was a
family or household member as defined in |
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| paragraph (3) of Section 112A-3 of the
Code of
Criminal |
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| Procedure of 1963, the penalty shall be a Class 2 felony, for |
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| which a
person if sentenced to a term of imprisonment, shall be |
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| sentenced to a term of
not less than 3 years and not more than |
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| 14 years.
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| (g) In cases involving involuntary manslaughter in which |
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| the victim was 12 years of age or younger at the time of the |
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| commission of the offense, the court may sentence the defendant |
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| to a term of imprisonment of up to twice the maximum term |
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| otherwise authorized.
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| (Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587, |
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| eff. 6-1-08; 95-591, eff. 9-10-07; revised 10-17-07.)
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HB4556 |
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LRB095 13967 RLC 39779 b |
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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 |
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| knowingly
causes great bodily harm, or permanent disability or |
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| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated |
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| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of |
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| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to |
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| conceal his
identity;
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| (3) Knows the individual harmed to be a teacher or |
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| other person
employed in any school and such teacher or |
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| other employee is upon the
grounds of a school or grounds |
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| adjacent thereto, or is in any part of a
building used for |
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| school purposes;
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| (4) (Blank);
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| (5) (Blank);
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| (6) Knows the individual harmed to be a community
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| policing volunteer while
such volunteer is engaged in the |
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| execution of
any official duties, or to prevent the |
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| volunteer from performing official duties, or in
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| retaliation for the volunteer performing official
duties, |
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| and the battery is committed other than by the discharge of |
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| a firearm;
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| (7) Knows the individual harmed to be an emergency |
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HB4556 |
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LRB095 13967 RLC 39779 b |
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| medical technician -
ambulance, emergency medical |
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| technician - intermediate, emergency medical
technician - |
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| paramedic, ambulance driver, other medical assistance, |
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| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to |
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| prevent the emergency medical technician - ambulance, |
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| emergency medical
technician - intermediate, emergency |
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| medical technician - paramedic, ambulance
driver, other |
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| medical assistance, first aid personnel, or
hospital |
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| personnel from performing
official duties, or in |
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| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public |
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| way, public
property or public place of accommodation or |
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| amusement;
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| (8.5) Is, or the person battered is, on a publicly or |
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| privately owned sports or entertainment arena, stadium, |
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| community or convention hall, special event center, |
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| amusement facility, or a special event center in a public |
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| park during any 24-hour period when a professional sporting |
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| event, National Collegiate Athletic Association |
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| (NCAA)-sanctioned sporting event, United States Olympic |
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| Committee-sanctioned sporting event, or International |
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| Olympic Committee-sanctioned sporting event is taking |
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| place in this venue;
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| (9) Knows the individual harmed to be the driver, |
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| operator, employee
or passenger of any transportation |
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LRB095 13967 RLC 39779 b |
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| facility or system engaged in the
business of |
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| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using |
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| such public
transportation as a passenger or using any area |
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| of any description
designated by the transportation |
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| facility or system as a vehicle
boarding, departure, or |
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| transfer location;
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| (10) Knows the individual harmed to be an individual of |
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| 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 |
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| performance of his or
her official duties as a judge;
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| (13) (Blank);
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| (14) Knows the individual harmed to be a person who is |
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| physically
handicapped;
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| (15) Knowingly and without legal justification and by |
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| any means causes
bodily harm to a merchant who detains the |
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| person for an alleged commission of
retail theft under |
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| Section 16A-5 of this Code.
In this item (15), "merchant" |
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| has the meaning ascribed to it in Section
16A-2.4 of this |
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| Code;
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| (16) Is, or the person battered is, in any building or |
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| other structure
used to provide shelter or other services |
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| to victims or to the dependent
children of victims of |
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| domestic violence pursuant to the Illinois Domestic
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HB4556 |
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LRB095 13967 RLC 39779 b |
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| Violence Act of 1986 or the Domestic Violence Shelters Act, |
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| or the person
battered is within 500 feet of such a |
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| building or other structure while going
to or from such a |
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| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois |
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| Domestic Violence Act of
1986. "Building or other structure |
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| used to provide shelter" has the meaning
ascribed to |
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| "shelter" in Section 1 of the Domestic Violence Shelters |
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| Act;
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| (17) (Blank);
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| (18) Knows the individual harmed to be an officer or |
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| employee of the State of Illinois, a unit of local |
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| government, or school district engaged in the performance |
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| of his or her authorized duties as such officer or |
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| employee; |
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| (19) Knows the individual harmed to be an emergency |
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| management worker
engaged in the performance of any of his |
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| or her official duties, or to prevent
the emergency |
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| management worker from performing official duties, or in
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| retaliation for the emergency management worker performing |
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| official duties; or |
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| (20) Knows the individual harmed to be a private |
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| security officer engaged in the performance of any of his |
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| or her official duties, or to prevent
the private security |
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| officer from performing official duties, or in
retaliation |
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| for the private security officer performing official |
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LRB095 13967 RLC 39779 b |
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| duties ; or . |
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| (21)
(20) Knows the individual harmed to be a taxi |
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| driver and the battery is committed while the taxi driver |
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| is on duty ; or
. |
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| (22)
(20) Knows the individual harmed to be a utility |
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| worker, while the utility worker is engaged in the |
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| execution of his or her duties, or to prevent the utility |
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| worker from performing his or her duties, or in retaliation |
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| for the utility worker performing his or her duties. In |
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| this paragraph (22)
(20) , "utility worker" means a person |
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| employed by a public utility as defined in Section 3-105 of |
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| the Public Utilities Act and also includes an employee of a |
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| municipally owned utility, an employee of a cable |
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| television company, an employee of an electric
cooperative |
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| as defined in Section 3-119 of the Public Utilities
Act, an |
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| independent contractor or an employee of an independent
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| contractor working on behalf of a cable television company, |
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| public utility, municipally
owned utility, or an electric |
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| cooperative, or an employee of a
telecommunications |
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| carrier as defined in Section 13-202 of the
Public |
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| Utilities Act, an independent contractor or an employee of
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| an independent contractor working on behalf of a
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| telecommunications carrier, or an employee of a telephone |
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| or
telecommunications cooperative as defined in Section |
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| 13-212 of
the Public Utilities Act, or an independent |
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| contractor or an
employee of an independent contractor |
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HB4556 |
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LRB095 13967 RLC 39779 b |
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| working on behalf of a
telephone or telecommunications |
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| cooperative.
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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 |
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| suffers from a permanent and
disabling physical |
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| characteristic, resulting from disease, injury,
functional |
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| disorder or congenital condition.
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| For the purpose of paragraph (20) of subsection (b) and |
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| subsection (e) of this Section, "private security officer" |
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| means a registered employee of a private security contractor |
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| agency under the Private Detective, Private Alarm, Private |
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| Security, and Locksmith Act of 2004. |
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| (c) A person who administers to an individual or causes him |
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| to take,
without his consent or by threat or deception, and for |
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| other than
medical purposes, any intoxicating, poisonous, |
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| stupefying, narcotic,
anesthetic, or controlled substance |
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| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food |
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| that
contains any substance or object that is intended to cause |
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| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she |
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| knowingly and
without lawful justification shines or flashes a |
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| laser gunsight or other laser
device that is attached or |
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| affixed to a firearm, or used in concert with a
firearm, so |
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| that the laser beam strikes upon or against the person of |
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| another.
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HB4556 |
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LRB095 13967 RLC 39779 b |
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| (d-5) An inmate of a penal institution or a sexually |
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| dangerous person or a
sexually violent person in the custody of |
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| the Department of Human Services
who causes or attempts to |
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| cause a
correctional employee of the penal institution or an |
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| employee of the
Department of Human Services to come into |
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| contact with blood,
seminal fluid, urine, or feces, by |
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| throwing, tossing, or expelling that fluid
or material commits |
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| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a |
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| penal institution.
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| (e) Sentence.
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| (1) Except as otherwise provided in paragraphs (2) and |
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| (3), aggravated battery is a Class 3 felony. |
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| (2) Aggravated battery that does not cause great bodily |
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| harm or permanent disability or disfigurement is a Class 2 |
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| felony when the person knows
the individual harmed to be a |
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| peace officer, a community
policing volunteer, a private |
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| security officer, a correctional institution employee, an
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| employee of the Department of Human Services supervising or
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| controlling sexually dangerous persons or sexually violent
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| persons, or a fireman while such officer, volunteer, |
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| employee,
or fireman is engaged in the execution of any |
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| official duties
including arrest or attempted arrest, or to |
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| prevent the
officer, volunteer, employee, or fireman from |
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| performing
official duties, or in retaliation for the |
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| officer, volunteer,
employee, or fireman performing |
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HB4556 |
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LRB095 13967 RLC 39779 b |
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| official duties, and the
battery is committed other than by |
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| the discharge of a firearm.
If the individual harmed is a |
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| peace officer or fireman, the court may impose a term of |
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| imprisonment up to twice the maximum term of imprisonment |
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| that is otherwise authorized. |
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| (3) Aggravated battery that causes great bodily harm or |
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| permanent disability or disfigurement in
violation of |
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| subsection (a)
is a Class 1 felony when the person knows |
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| the individual harmed to be a peace
officer, a community
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| policing volunteer, a private security officer, a |
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| correctional institution employee, an employee
of the |
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| Department of Human Services supervising or controlling |
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| sexually
dangerous persons or sexually violent persons, or |
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| a fireman while
such officer, volunteer, employee, or |
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| fireman is engaged in the execution of
any official duties |
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| including arrest or attempted arrest, or to prevent the
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| officer, volunteer, employee, or fireman from performing |
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| official duties, or in
retaliation for the officer, |
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| volunteer, employee, or fireman performing official
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| duties, and the battery is committed other than by the |
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| discharge of a firearm. If the individual harmed is a peace |
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| officer or fireman, the court may impose a term of |
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| imprisonment up to twice the maximum term of imprisonment |
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| that is otherwise authorized.
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| (Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, |
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| eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06; |