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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Sections 12-3.3 and 12-4 as follows:
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6 | (720 ILCS 5/12-3.3)
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7 | Sec. 12-3.3. Aggravated domestic battery.
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8 | (a) A person who, in committing a domestic battery, | ||||||
9 | intentionally or
knowingly causes great bodily harm, or | ||||||
10 | permanent disability or disfigurement
commits aggravated | ||||||
11 | domestic battery.
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12 | (a-5) A person who, in committing a domestic battery, | ||||||
13 | strangles another individual commits aggravated domestic | ||||||
14 | battery. For the purposes of this subsection (a-5), "strangle" | ||||||
15 | means intentionally impeding the normal breathing or | ||||||
16 | circulation of the blood of an individual by applying pressure | ||||||
17 | on the throat or neck of that individual or by blocking the | ||||||
18 | nose or mouth of that individual. | ||||||
19 | (b) Sentence. Aggravated domestic battery is a Class 2 | ||||||
20 | felony. Any order
of probation or conditional discharge entered | ||||||
21 | following a conviction for an
offense under this Section must | ||||||
22 | include, in addition to any other condition of
probation or | ||||||
23 | conditional discharge, a condition that the offender serve a
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1 | mandatory term of imprisonment of not less than 60 consecutive | ||||||
2 | days. A person
convicted of a second or subsequent violation of | ||||||
3 | this Section must be
sentenced to a mandatory term of | ||||||
4 | imprisonment of not less than 3 years and not
more than 7 years | ||||||
5 | or an extended term of imprisonment of not less than 7 years
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6 | and not more than 14 years.
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7 | (Source: P.A. 91-445, eff. 1-1-00.)
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8 | (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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9 | Sec. 12-4. Aggravated Battery.
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10 | (a) A person who, in committing a battery, intentionally or | ||||||
11 | knowingly
causes great bodily harm, or permanent disability or | ||||||
12 | disfigurement commits
aggravated battery.
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13 | (b) In committing a battery, a person commits aggravated | ||||||
14 | battery if he or
she:
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15 | (1) Uses a deadly weapon other than by the discharge of | ||||||
16 | a firearm;
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17 | (2) Is hooded, robed or masked, in such manner as to | ||||||
18 | conceal his
identity;
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19 | (3) Knows the individual harmed to be a teacher or | ||||||
20 | other person
employed in any school and such teacher or | ||||||
21 | other employee is upon the
grounds of a school or grounds | ||||||
22 | adjacent thereto, or is in any part of a
building used for | ||||||
23 | school purposes;
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24 | (4) (Blank);
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25 | (5) (Blank);
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1 | (6) Knows the individual harmed to be a community
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2 | policing volunteer while
such volunteer is engaged in the | ||||||
3 | execution of
any official duties, or to prevent the | ||||||
4 | volunteer from performing official duties, or in
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5 | retaliation for the volunteer performing official
duties, | ||||||
6 | and the battery is committed other than by the discharge of | ||||||
7 | a firearm;
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8 | (7) Knows the individual harmed to be an emergency | ||||||
9 | medical technician -
ambulance, emergency medical | ||||||
10 | technician - intermediate, emergency medical
technician - | ||||||
11 | paramedic, ambulance driver, other medical assistance, | ||||||
12 | first
aid personnel, or hospital personnel engaged in the
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13 | performance of any of his or her official duties,
or to | ||||||
14 | prevent the emergency medical technician - ambulance, | ||||||
15 | emergency medical
technician - intermediate, emergency | ||||||
16 | medical technician - paramedic, ambulance
driver, other | ||||||
17 | medical assistance, first aid personnel, or
hospital | ||||||
18 | personnel from performing
official duties, or in | ||||||
19 | retaliation for performing official duties;
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20 | (8) Is, or the person battered is, on or about a public | ||||||
21 | way, public
property or public place of accommodation or | ||||||
22 | amusement;
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23 | (8.5) Is, or the person battered is, on a publicly or | ||||||
24 | privately owned sports or entertainment arena, stadium, | ||||||
25 | community or convention hall, special event center, | ||||||
26 | amusement facility, or a special event center in a public |
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1 | park during any 24-hour period when a professional sporting | ||||||
2 | event, National Collegiate Athletic Association | ||||||
3 | (NCAA)-sanctioned sporting event, United States Olympic | ||||||
4 | Committee-sanctioned sporting event, or International | ||||||
5 | Olympic Committee-sanctioned sporting event is taking | ||||||
6 | place in this venue;
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7 | (9) Knows the individual harmed to be the driver, | ||||||
8 | operator, employee
or passenger of any transportation | ||||||
9 | facility or system engaged in the
business of | ||||||
10 | transportation of the public for hire and the individual
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11 | assaulted is then performing in such capacity or then using | ||||||
12 | such public
transportation as a passenger or using any area | ||||||
13 | of any description
designated by the transportation | ||||||
14 | facility or system as a vehicle
boarding, departure, or | ||||||
15 | transfer location;
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16 | (10) Knows the individual harmed to be an individual of | ||||||
17 | 60 years of age or older;
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18 | (11) Knows the individual harmed is pregnant;
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19 | (12) Knows the individual harmed to be a judge whom the
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20 | person intended to harm as a result of the judge's | ||||||
21 | performance of his or
her official duties as a judge;
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22 | (13) (Blank);
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23 | (14) Knows the individual harmed to be a person who is | ||||||
24 | physically
handicapped;
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25 | (15) Knowingly and without legal justification and by | ||||||
26 | any means causes
bodily harm to a merchant who detains the |
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1 | person for an alleged commission of
retail theft under | ||||||
2 | Section 16A-5 of this Code.
In this item (15), "merchant" | ||||||
3 | has the meaning ascribed to it in Section
16A-2.4 of this | ||||||
4 | Code;
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5 | (16) Is, or the person battered is, in any building or | ||||||
6 | other structure
used to provide shelter or other services | ||||||
7 | to victims or to the dependent
children of victims of | ||||||
8 | domestic violence pursuant to the Illinois Domestic
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9 | Violence Act of 1986 or the Domestic Violence Shelters Act, | ||||||
10 | or the person
battered is within 500 feet of such a | ||||||
11 | building or other structure while going
to or from such a | ||||||
12 | building or other structure. "Domestic violence" has the
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13 | meaning ascribed to it in Section 103 of the Illinois | ||||||
14 | Domestic Violence Act of
1986. "Building or other structure | ||||||
15 | used to provide shelter" has the meaning
ascribed to | ||||||
16 | "shelter" in Section 1 of the Domestic Violence Shelters | ||||||
17 | Act;
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18 | (17) (Blank);
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19 | (18) Knows the individual harmed to be an officer or | ||||||
20 | employee of the State of Illinois, a unit of local | ||||||
21 | government, or school district engaged in the performance | ||||||
22 | of his or her authorized duties as such officer or | ||||||
23 | employee; | ||||||
24 | (19) Knows the individual harmed to be an emergency | ||||||
25 | management worker
engaged in the performance of any of his | ||||||
26 | or her official duties, or to prevent
the emergency |
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1 | management worker from performing official duties, or in
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2 | retaliation for the emergency management worker performing | ||||||
3 | official duties; | ||||||
4 | (20) Knows the individual harmed to be a private | ||||||
5 | security officer engaged in the performance of any of his | ||||||
6 | or her official duties, or to prevent
the private security | ||||||
7 | officer from performing official duties, or in
retaliation | ||||||
8 | for the private security officer performing official | ||||||
9 | duties; or | ||||||
10 | (21)
Knows the individual harmed to be a taxi driver | ||||||
11 | and the battery is committed while the taxi driver is on | ||||||
12 | duty; or | ||||||
13 | (22)
Knows the individual harmed to be a utility | ||||||
14 | worker, while the utility worker is engaged in the | ||||||
15 | execution of his or her duties, or to prevent the utility | ||||||
16 | worker from performing his or her duties, or in retaliation | ||||||
17 | for the utility worker performing his or her duties. In | ||||||
18 | this paragraph (22), "utility worker" means a person | ||||||
19 | employed by a public utility as defined in Section 3-105 of | ||||||
20 | the Public Utilities Act and also includes an employee of a | ||||||
21 | municipally owned utility, an employee of a cable | ||||||
22 | television company, an employee of an electric
cooperative | ||||||
23 | as defined in Section 3-119 of the Public Utilities
Act, an | ||||||
24 | independent contractor or an employee of an independent
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25 | contractor working on behalf of a cable television company, | ||||||
26 | public utility, municipally
owned utility, or an electric |
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1 | cooperative, or an employee of a
telecommunications | ||||||
2 | carrier as defined in Section 13-202 of the
Public | ||||||
3 | Utilities Act, an independent contractor or an employee of
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4 | an independent contractor working on behalf of a
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5 | telecommunications carrier, or an employee of a telephone | ||||||
6 | or
telecommunications cooperative as defined in Section | ||||||
7 | 13-212 of
the Public Utilities Act, or an independent | ||||||
8 | contractor or an
employee of an independent contractor | ||||||
9 | working on behalf of a
telephone or telecommunications | ||||||
10 | cooperative.
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11 | For the purpose of paragraph (14) of subsection (b) of this | ||||||
12 | Section, a
physically handicapped person is a person who | ||||||
13 | suffers from a permanent and
disabling physical | ||||||
14 | characteristic, resulting from disease, injury,
functional | ||||||
15 | disorder or congenital condition.
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16 | For the purpose of paragraph (20) of subsection (b) and | ||||||
17 | subsection (e) of this Section, "private security officer" | ||||||
18 | means a registered employee of a private security contractor | ||||||
19 | agency under the Private Detective, Private Alarm, Private | ||||||
20 | Security, Fingerprint Vendor, and Locksmith Act of 2004. | ||||||
21 | (c) A person who administers to an individual or causes him | ||||||
22 | to take,
without his consent or by threat or deception, and for | ||||||
23 | other than
medical purposes, any intoxicating, poisonous, | ||||||
24 | stupefying, narcotic,
anesthetic, or controlled substance | ||||||
25 | commits aggravated battery.
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26 | (d) A person who knowingly gives to another person any food |
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1 | that
contains any substance or object that is intended to cause | ||||||
2 | physical
injury if eaten, commits aggravated battery.
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3 | (d-3) A person commits aggravated battery when he or she | ||||||
4 | knowingly and
without lawful justification shines or flashes a | ||||||
5 | laser gunsight or other laser
device that is attached or | ||||||
6 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
7 | that the laser beam strikes upon or against the person of | ||||||
8 | another.
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9 | (d-5) An inmate of a penal institution or a sexually | ||||||
10 | dangerous person or a
sexually violent person in the custody of | ||||||
11 | the Department of Human Services
who causes or attempts to | ||||||
12 | cause a
correctional employee of the penal institution or an | ||||||
13 | employee of the
Department of Human Services to come into | ||||||
14 | contact with blood,
seminal fluid, urine, or feces, by | ||||||
15 | throwing, tossing, or expelling that fluid
or material commits | ||||||
16 | aggravated battery. For purposes of this subsection (d-5),
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17 | "correctional employee" means a person who is employed by a | ||||||
18 | penal institution.
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19 | (d-6) A person commits aggravated battery when he or she, | ||||||
20 | in committing a battery, strangles another individual. For the | ||||||
21 | purposes of this subsection (d-6), "strangle" means | ||||||
22 | intentionally impeding the normal breathing or circulation of | ||||||
23 | the blood of an individual by applying pressure on the throat | ||||||
24 | or neck of that individual or by blocking the nose or mouth of | ||||||
25 | that individual. | ||||||
26 | (e) Sentence.
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1 | (1) Except as otherwise provided in paragraphs (2), | ||||||
2 | (3), and (4) aggravated battery is a Class 3 felony. | ||||||
3 | (2) Aggravated battery that does not cause great bodily | ||||||
4 | harm or permanent disability or disfigurement is a Class 2 | ||||||
5 | felony when the person knows
the individual harmed to be a | ||||||
6 | peace officer, a community
policing volunteer, a private | ||||||
7 | security officer, a correctional institution employee, an
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8 | employee of the Department of Human Services supervising or
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9 | controlling sexually dangerous persons or sexually violent
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10 | persons, or a fireman while such officer, volunteer, | ||||||
11 | employee,
or fireman is engaged in the execution of any | ||||||
12 | official duties
including arrest or attempted arrest, or to | ||||||
13 | prevent the
officer, volunteer, employee, or fireman from | ||||||
14 | performing
official duties, or in retaliation for the | ||||||
15 | officer, volunteer,
employee, or fireman performing | ||||||
16 | official duties, and the
battery is committed other than by | ||||||
17 | the discharge of a firearm.
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18 | (3) Aggravated battery that causes great bodily harm or | ||||||
19 | permanent disability or disfigurement in
violation of | ||||||
20 | subsection (a)
is a Class 1 felony when the person knows | ||||||
21 | the individual harmed to be a peace
officer, a community
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22 | policing volunteer, a private security officer, a | ||||||
23 | correctional institution employee, an employee
of the | ||||||
24 | Department of Human Services supervising or controlling | ||||||
25 | sexually
dangerous persons or sexually violent persons, or | ||||||
26 | a fireman while
such officer, volunteer, employee, or |
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1 | fireman is engaged in the execution of
any official duties | ||||||
2 | including arrest or attempted arrest, or to prevent the
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3 | officer, volunteer, employee, or fireman from performing | ||||||
4 | official duties, or in
retaliation for the officer, | ||||||
5 | volunteer, employee, or fireman performing official
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6 | duties, and the battery is committed other than by the | ||||||
7 | discharge of a firearm.
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8 | (4) Aggravated battery under subsection (d-5) is a | ||||||
9 | Class 2 felony. | ||||||
10 | (5) Aggravated battery under subsection (d-6) is a | ||||||
11 | Class 1 felony if: | ||||||
12 | (A) the person used or attempted to use a dangerous | ||||||
13 | instrument while committing the offense; or | ||||||
14 | (B) the person caused great bodily harm or | ||||||
15 | permanent disability or disfigurement to the other | ||||||
16 | person while committing the offense; or | ||||||
17 | (C) the person has been previously convicted of a | ||||||
18 | violation of subsection (d-6) under the laws of this | ||||||
19 | State or laws similar to subsection (d-6) of any other | ||||||
20 | state. | ||||||
21 | (Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, | ||||||
22 | eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06; | ||||||
23 | 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07; | ||||||
24 | 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, eff. | ||||||
25 | 8-21-08.)
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26 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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