95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2159


 
Introduced 2/14/2008, by Sen. Larry K. Bomke
 
SYNOPSIS AS INTRODUCED:
 		








  



720 ILCS 5/12-4.3
  from Ch. 38, par. 12-4.3







    Amends the Criminal Code of 1961.  Provides that a person also commits aggravated battery of a child when the  person is of the age 18 years and upwards and intentionally or knowingly, and without legal justification and by any means, causes bodily harm or disability or disfigurement to any child under the age of 13 years or to any severely or profoundly mentally retarded person. Provides that the penalty is a Class 3 felony.  Effective January 1, 2009.
















LRB095 14234 RLC 45306 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2159

LRB095 14234 RLC 45306 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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Section 12-4.3 as follows:
 



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    (720 ILCS 5/12-4.3)  (from Ch. 38, par. 12-4.3)


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    Sec. 12-4.3. Aggravated battery of a child. 

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    (a) Any person of the age
18 years and upwards who 
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intentionally or knowingly, and without legal
justification 
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and by any means, causes great bodily harm or permanent

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disability or disfigurement to any child under the age of 13 
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years or to
any severely or profoundly mentally retarded 
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person,
commits
the offense of aggravated battery of a child.

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    (a-5)  Any person of the age 18 years and upwards who 
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intentionally or knowingly, and without legal justification 
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and by any means, causes bodily harm or disability or 
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disfigurement to any child under the age of 13 years or to any 
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severely or profoundly mentally retarded person, commits the 
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offense of aggravated battery of a child. 
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    (b) Sentence.
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    (1)  Aggravated battery of a child under subsection (a) of 
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this Section is a Class X felony, except that:


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        (A) (1) if the person committed the offense while armed 
 


 






SB2159
- 2 -
LRB095 14234 RLC 45306 b




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    with a firearm, 15
years shall be added to the term of 
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    imprisonment imposed by the court;


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        (B) (2) if, during the commission of the offense, the 
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    person personally
discharged a firearm, 20 years shall be 
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    added to the term of imprisonment
imposed by the court;


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        (C) (3) if, during the commission of the offense, the 
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    person personally
discharged a firearm that proximately 
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    caused great bodily harm, permanent
disability, permanent 
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    disfigurement, or death to another person, 25 years or up

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    to a term of natural life shall be added to the term of 
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    imprisonment imposed by
the court.

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    (2)  Aggravated battery of a child under subsection (a-5) of 
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this Section is a Class 3 felony. 
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(Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00; 
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92-434, eff. 1-1-02.)


 

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    Section 99. Effective date. This Act takes effect January 
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1, 2009.