Sen. William R. Haine
Filed: 3/3/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3030 




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    AMENDMENT NO. ______. Amend Senate Bill 3030 by replacing 
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everything after the enacting clause with the following:


 
 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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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) A person commits an aggravated assault, when, in 
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committing an
assault, he:


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        (1) Uses a deadly weapon, an air rifle as defined in 
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    the Air Rifle Act, or any device manufactured and designed 
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    to be
substantially similar in appearance to a firearm, 
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    other than by
discharging a firearm in the direction of 
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    another person, a peace
officer, a person summoned or 
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    directed by a peace officer, a correctional
officer, a 
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    private security officer,  or a fireman or in the direction 
 


 






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    of a vehicle occupied by another
person, a peace officer, a 
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    person summoned or directed by a peace officer,
a 
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    correctional officer, a private security officer, or a 
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    fireman while the officer or fireman is
engaged in the 
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    execution of any of his official duties, or to prevent the

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    officer or fireman from performing his official duties, or 
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    in retaliation
for the officer or fireman performing his 
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    official duties;


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        (2) Is hooded, robed or masked in such manner as to 
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    conceal his
identity or any device manufactured and 
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    designed to be substantially
similar in appearance to a 
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    firearm;


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        (3) Knows the individual assaulted 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) Knows the individual assaulted to be a supervisor, 
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    director,
instructor or other person employed in any park 
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    district and such
supervisor, director, instructor or 
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    other employee is upon the grounds of
the park or grounds 
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    adjacent thereto, or is in any part of a building used
for 
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    park purposes;


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        (5) Knows the individual assaulted to be a caseworker, 
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    investigator, or
other person employed by the Department of 
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    Healthcare and Family Services (formerly State Department 
 


 






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    of Public Aid), a
County
Department of Public Aid, or the 
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    Department of Human Services (acting as
successor to the 
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    Illinois Department of Public Aid under the Department of

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    Human Services Act) and such caseworker, investigator, or 
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    other person
is upon the grounds of a public aid office or 
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    grounds adjacent thereto, or
is in any part of a building 
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    used for public aid purposes, or upon the
grounds of a home 
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    of a public aid applicant, recipient or any other person

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    being interviewed or investigated in the employee's 
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    employees' discharge of his
duties, or on grounds adjacent 
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    thereto, or is in any part of a building in
which the 
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    applicant, recipient, or other such person resides or is 
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    located;


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        (6) Knows the individual assaulted to be a peace 
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    officer, a community
policing volunteer, a private 
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    security officer, or a fireman
while the officer or fireman 
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    is engaged in the execution of any of his
official duties, 
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    or to prevent the officer, community policing volunteer,
or 
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    fireman from performing
his official duties, or in 
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    retaliation for the officer, community policing
volunteer, 
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    or fireman
performing his official duties, and the assault 
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    is committed other than by
the discharge of a firearm in 
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    the direction of the officer or fireman or
in the direction 
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    of a vehicle occupied by the officer or fireman;


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        (7) Knows the individual assaulted to be
an emergency 
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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 or other medical
assistance or 
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    first aid personnel engaged in the
execution of any of his 
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    official duties, or to prevent the
emergency medical 
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    technician - ambulance, emergency medical
technician - 
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    intermediate, emergency medical technician - paramedic,

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    ambulance driver, or other medical assistance or first aid 
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    personnel from
performing his official duties, or in 
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    retaliation for the
emergency medical technician - 
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    ambulance, emergency medical
technician - intermediate, 
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    emergency medical technician - paramedic,
ambulance 
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    driver, or other medical assistance or first aid personnel

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    performing his official duties;


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        (8) Knows the individual assaulted to be the driver, 
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    operator, employee
or passenger of any transportation 
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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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        (9) Or the individual assaulted 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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        (9.5) Is, or the individual assaulted is, in or about a 
 


 






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    publicly or privately owned sports or entertainment arena, 
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    stadium, community or convention hall, special event 
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    center, amusement facility, or a special event center in a 
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    public park during any 24-hour period when a professional 
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    sporting 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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        (10) Knows the individual assaulted to be an employee 
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    of the State of
Illinois, a municipal corporation therein 
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    or a political subdivision
thereof, engaged in the 
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    performance of his authorized duties as such
employee;


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        (11) Knowingly and without legal justification, 
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    commits an assault on
a physically handicapped person;


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        (12) Knowingly and without legal justification, 
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    commits an assault on a
person 60 years of age or older;


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        (13) Discharges a firearm, other than from a motor 
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    vehicle;

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        (13.5) Discharges a firearm from a motor vehicle;


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        (14) Knows the individual assaulted to be a 
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    correctional officer, while
the officer is engaged in the 
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    execution of any of his or her official duties,
or to 
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    prevent the officer from performing his or her official 
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    duties, or in
retaliation for the officer performing his or 
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    her official duties;


 


 






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        (15) Knows the individual assaulted to be a 
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    correctional employee or
an employee of the Department of 
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    Human Services supervising or controlling
sexually 
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    dangerous persons or sexually violent persons, while
the 
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    employee is engaged in the execution of any of his or her 
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    official duties,
or to prevent the employee from performing 
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    his or her official duties, or in
retaliation for the 
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    employee performing his or her official duties, and the

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    assault is committed other than by the discharge of a 
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    firearm in the direction
of the employee or in the 
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    direction of a vehicle occupied by the employee;



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        (16) Knows the individual assaulted to be an employee 
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    of a police or
sheriff's department, or a person who is 
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    employed by a municipality and whose duties include traffic 
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    control,  engaged in the performance of his or her official 
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    duties
as such employee;

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        (17) Knows the individual assaulted to be a sports 
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    official or coach at any level of competition and the act 
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    causing the assault to the sports official or coach 
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    occurred within an athletic facility or an indoor or 
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    outdoor playing field or within the immediate vicinity of 
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    the athletic facility or an indoor or outdoor playing field 
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    at which the sports official or  coach was an active 
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    participant in the athletic contest held at the athletic 
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    facility.  For the purposes of this paragraph (17), "sports 
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    official" means a person at an athletic contest who 
 


 






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    enforces the rules of the contest, such as an umpire or 
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    referee; and "coach" means a person recognized as a coach 
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    by the sanctioning authority that conducted the athletic 
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    contest;

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        (18) Knows the individual assaulted to be an emergency 
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    management
worker, while the emergency management worker 
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    is engaged in the execution of
any of his or her official 
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    duties,
or to prevent the emergency management worker from 
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    performing his or her
official duties, or in retaliation 
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    for the emergency management worker
performing his or her 
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    official duties, and the assault is committed other than
by 
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    the discharge of a firearm in the direction of the 
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    emergency management
worker or in the direction of a 
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    vehicle occupied by the emergency management
worker; or
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        (19) Knows the individual assaulted 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 (19), "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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    working on behalf of a
telephone or telecommunications 
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    cooperative.
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    (a-5) A person commits an aggravated assault 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 near or in the immediate vicinity 
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of
any person.

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    (a-10)  A person commits an aggravated assault when he or 
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she knowingly and without justification operates a motor 
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vehicle in a manner which places a person in reasonable 
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apprehension of being struck by a moving vehicle. 
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    (b) Sentence.

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    Aggravated assault as defined in paragraphs (1) through (5) 
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and (8) through
(12) and (17) and (19) of subsection (a) of 
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this Section is a Class A misdemeanor.  Aggravated
assault as 
 


 






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defined in paragraphs (13), (14), and (15) of subsection (a) of 
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this
Section and as defined in subsection (a-5) or (a-10) of 
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this Section is a Class 4
felony.  Aggravated assault as defined 
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in paragraphs
(6), (7), (16), and (18) of
subsection (a) of 
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this Section is a Class A misdemeanor if a firearm is not
used 
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in the commission of the assault.  Aggravated assault as defined 
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in
paragraphs (6), (7), (16), and (18) of subsection (a) of 
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this
Section is a Class 4 felony if a firearm is used in the 
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commission of the
assault. Aggravated assault as defined in 
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subsection (a-10) where the victim was a person defined in 
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paragraph (6) or paragraph (13.5) of subsection (a) is a Class 
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3 felony.

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    (c) For the purposes of paragraphs (1) and (6) of 
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subsection (a), "private security officer" means a registered  
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employee of a private security contractor agency under the 
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Private Detective, Private Alarm, Private Security, 
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Fingerprint Vendor, and Locksmith Act of 2004.
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(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07; 
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95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff. 
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9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; revised 
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11-4-09.)

 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".