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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 2012 is amended by | ||||||||||||||||||||||||||||
5 | changing Sections 12-0.1, 12-2, and 12-3.05 as follows: | ||||||||||||||||||||||||||||
6 | (720 ILCS 5/12-0.1)
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7 | Sec. 12-0.1. Definitions. In this Article, unless the | ||||||||||||||||||||||||||||
8 | context clearly requires otherwise: | ||||||||||||||||||||||||||||
9 | "Bona fide labor dispute" means any controversy concerning | ||||||||||||||||||||||||||||
10 | wages, salaries, hours, working conditions, or benefits, | ||||||||||||||||||||||||||||
11 | including health and welfare, sick leave, insurance, and | ||||||||||||||||||||||||||||
12 | pension or retirement provisions, the making or maintaining of | ||||||||||||||||||||||||||||
13 | collective bargaining agreements, and the terms to be included | ||||||||||||||||||||||||||||
14 | in those agreements. | ||||||||||||||||||||||||||||
15 | "Coach" means a person recognized as a coach by the | ||||||||||||||||||||||||||||
16 | sanctioning authority that conducts an athletic contest. | ||||||||||||||||||||||||||||
17 | "Correctional institution employee" means a person | ||||||||||||||||||||||||||||
18 | employed by a penal institution. | ||||||||||||||||||||||||||||
19 | "Emergency medical services personnel" has the meaning | ||||||||||||||||||||||||||||
20 | specified in Section 3.5 of the Emergency Medical Services | ||||||||||||||||||||||||||||
21 | (EMS) Systems Act and shall include all ambulance crew | ||||||||||||||||||||||||||||
22 | members, including drivers or pilots. | ||||||||||||||||||||||||||||
23 | "Family or household members" include spouses, former |
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1 | spouses, parents, children, stepchildren, and other persons | ||||||
2 | related by blood or by present or prior marriage, persons who | ||||||
3 | share or formerly shared a common dwelling, persons who have | ||||||
4 | or allegedly have a child in common, persons who share or | ||||||
5 | allegedly share a blood relationship through a child, persons | ||||||
6 | who have or have had a dating or engagement relationship, | ||||||
7 | persons with disabilities and their personal assistants, and | ||||||
8 | caregivers as defined in Section 12-4.4a of this Code. For | ||||||
9 | purposes of this Article, neither a casual acquaintanceship | ||||||
10 | nor ordinary fraternization between 2 individuals in business | ||||||
11 | or social contexts shall be deemed to constitute a dating | ||||||
12 | relationship. | ||||||
13 | "In the presence of a child" means in the physical | ||||||
14 | presence of a child or knowing or having reason to know that a | ||||||
15 | child is present and may see or hear an act constituting an | ||||||
16 | offense. | ||||||
17 | "Park district employee" means a supervisor, director, | ||||||
18 | instructor, or other person employed by a park district. | ||||||
19 | "Person with a physical disability" means a person who | ||||||
20 | suffers from a permanent and disabling physical | ||||||
21 | characteristic, resulting from disease, injury, functional | ||||||
22 | disorder, or congenital condition. | ||||||
23 | "Private security officer" means a registered employee of | ||||||
24 | a private security contractor agency under the Private | ||||||
25 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
26 | Vendor, and Locksmith Act of 2004. |
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1 | "Probation officer" means a person as defined in the | ||||||
2 | Probation and Probation Officers Act. | ||||||
3 | "Servicemember" means a person who is currently serving in | ||||||
4 | the Army, Air Force, Marines, Navy, or Coast Guard on active | ||||||
5 | duty, reserve status, or in the National Guard. | ||||||
6 | "Sports official" means a person at an athletic contest | ||||||
7 | who enforces the rules of the contest, such as an umpire or | ||||||
8 | referee. | ||||||
9 | "Sports venue" means a publicly or privately owned sports | ||||||
10 | or entertainment arena, stadium, community or convention hall, | ||||||
11 | special event center, or amusement facility, or a special | ||||||
12 | event center in a public park, during the 12 hours before or | ||||||
13 | after the sanctioned sporting event. | ||||||
14 | "Streetgang", "streetgang member", and "criminal street | ||||||
15 | gang" have the meanings ascribed to those terms in Section 10 | ||||||
16 | of the Illinois Streetgang Terrorism Omnibus Prevention Act. | ||||||
17 | "Transit employee" means a driver, operator, or employee | ||||||
18 | of any transportation facility or system engaged in the | ||||||
19 | business of transporting the public for hire. | ||||||
20 | "Transit passenger" means a passenger of any | ||||||
21 | transportation facility or system engaged in the business of | ||||||
22 | transporting the public for hire, including a passenger using | ||||||
23 | any area designated by a transportation facility or system as | ||||||
24 | a vehicle boarding, departure, or transfer location. | ||||||
25 | "Utility worker" means any of the following: | ||||||
26 | (1) A person employed by a public utility as defined |
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1 | in Section 3-105 of the Public Utilities Act. | ||||||
2 | (2) An employee of a municipally owned utility. | ||||||
3 | (3) An employee of a cable television company. | ||||||
4 | (4) An employee of an electric cooperative as defined | ||||||
5 | in Section 3-119 of the Public Utilities Act. | ||||||
6 | (5) An independent contractor or an employee of an | ||||||
7 | independent contractor working on behalf of a cable | ||||||
8 | television company, public utility, municipally owned | ||||||
9 | utility, or electric cooperative. | ||||||
10 | (6) An employee of a telecommunications carrier as | ||||||
11 | defined in Section 13-202 of the Public Utilities Act, or | ||||||
12 | an independent contractor or an employee of an independent | ||||||
13 | contractor working on behalf of a telecommunications | ||||||
14 | carrier. | ||||||
15 | (7) An employee of a telephone or telecommunications | ||||||
16 | cooperative as defined in Section 13-212 of the Public | ||||||
17 | Utilities Act, or an independent contractor or an employee | ||||||
18 | of an independent contractor working on behalf of a | ||||||
19 | telephone or telecommunications cooperative.
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20 | "Veteran" means a former servicemember who was discharged | ||||||
21 | or released from service under conditions other than | ||||||
22 | dishonorable. | ||||||
23 | (Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
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24 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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25 | Sec. 12-2. Aggravated assault.
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1 | (a) Offense based on location of conduct. A person commits | ||||||
2 | aggravated assault when he or she commits an assault against | ||||||
3 | an individual who is on or about a public way, public property, | ||||||
4 | a public place of accommodation or amusement, or a sports | ||||||
5 | venue, or in a church, synagogue, mosque, or other building, | ||||||
6 | structure, or place used for religious worship. | ||||||
7 | (b) Offense based on status of victim. A person commits | ||||||
8 | aggravated assault when, in committing an assault, he or she | ||||||
9 | knows the individual assaulted to be any of the following: | ||||||
10 | (1) A person with a physical disability or a person 60 | ||||||
11 | years of age or older and the assault is without legal | ||||||
12 | justification. | ||||||
13 | (1.5) A servicemember or veteran and the assault is
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14 | without legal justification. | ||||||
15 | (2) A teacher or school employee upon school grounds | ||||||
16 | or grounds adjacent to a school or in any part of a | ||||||
17 | building used for school purposes. | ||||||
18 | (3) A park district employee upon park grounds or | ||||||
19 | grounds adjacent to a park or in any part of a building | ||||||
20 | used for park purposes. | ||||||
21 | (4) A community policing volunteer, private security | ||||||
22 | officer, or utility worker: | ||||||
23 | (i) performing his or her official duties; | ||||||
24 | (ii) assaulted to prevent performance of his or | ||||||
25 | her official duties; or | ||||||
26 | (iii) assaulted in retaliation for performing his |
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1 | or her official duties. | ||||||
2 | (4.1) A peace officer, fireman, emergency management | ||||||
3 | worker, or emergency medical services personnel: | ||||||
4 | (i) performing his or her official duties; | ||||||
5 | (ii) assaulted to prevent performance of his or | ||||||
6 | her official duties; or | ||||||
7 | (iii) assaulted in retaliation for performing his | ||||||
8 | or her official duties. | ||||||
9 | (5) A correctional officer or probation officer: | ||||||
10 | (i) performing his or her official duties; | ||||||
11 | (ii) assaulted to prevent performance of his or | ||||||
12 | her official duties; or | ||||||
13 | (iii) assaulted in retaliation for performing his | ||||||
14 | or her official duties. | ||||||
15 | (6) A correctional institution employee, a county | ||||||
16 | juvenile detention center employee who provides direct and | ||||||
17 | continuous supervision of residents of a juvenile | ||||||
18 | detention center, including a county juvenile detention | ||||||
19 | center employee who supervises recreational activity for | ||||||
20 | residents of a juvenile detention center, or a Department | ||||||
21 | of Human Services employee, Department of Human Services | ||||||
22 | officer, or employee of a subcontractor of the Department | ||||||
23 | of Human Services supervising or controlling sexually | ||||||
24 | dangerous persons or sexually violent persons: | ||||||
25 | (i) performing his or her official duties; | ||||||
26 | (ii) assaulted to prevent performance of his or |
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1 | her official duties; or | ||||||
2 | (iii) assaulted in retaliation for performing his | ||||||
3 | or her official duties. | ||||||
4 | (7) An employee of the State of Illinois, a municipal | ||||||
5 | corporation therein, or a political subdivision thereof, | ||||||
6 | performing his or her official duties. | ||||||
7 | (8) A transit employee performing his or her official | ||||||
8 | duties, or a transit passenger. | ||||||
9 | (9) A sports official or coach actively participating | ||||||
10 | in any level of athletic competition within a sports | ||||||
11 | venue, on an indoor playing field or outdoor playing | ||||||
12 | field, or within the immediate vicinity of such a facility | ||||||
13 | or field. | ||||||
14 | (10) A person authorized to serve process under | ||||||
15 | Section 2-202 of the Code of Civil Procedure or a special | ||||||
16 | process server appointed by the circuit court, while that | ||||||
17 | individual is in the performance of his or her duties as a | ||||||
18 | process server. | ||||||
19 | (c) Offense based on use of firearm, device, or motor | ||||||
20 | vehicle. A person commits aggravated assault when, in | ||||||
21 | committing an assault, he or she does any of the following: | ||||||
22 | (1) Uses a deadly weapon, an air rifle as defined in | ||||||
23 | Section 24.8-0.1 of this Act, or any device manufactured | ||||||
24 | and designed to be substantially similar in appearance to | ||||||
25 | a firearm, other than by discharging a firearm. | ||||||
26 | (2) Discharges a firearm, other than from a motor |
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1 | vehicle. | ||||||
2 | (3) Discharges a firearm from a motor vehicle. | ||||||
3 | (4) Wears a hood, robe, or mask to conceal his or her | ||||||
4 | identity. | ||||||
5 | (5) Knowingly and without lawful justification shines | ||||||
6 | or flashes a laser gun sight or other laser device | ||||||
7 | attached to a firearm, or used in concert with a firearm, | ||||||
8 | so that the laser beam strikes near or in the immediate | ||||||
9 | vicinity of any person. | ||||||
10 | (6) Uses a firearm, other than by discharging the | ||||||
11 | firearm, against a peace officer, community policing | ||||||
12 | volunteer, fireman, private security officer, emergency | ||||||
13 | management worker, emergency medical services personnel, | ||||||
14 | employee of a police department, employee of a sheriff's | ||||||
15 | department, or traffic control municipal employee: | ||||||
16 | (i) performing his or her official duties; | ||||||
17 | (ii) assaulted to prevent performance of his or | ||||||
18 | her official duties; or | ||||||
19 | (iii) assaulted in retaliation for performing his | ||||||
20 | or her official duties. | ||||||
21 | (7) Without justification operates a motor vehicle in | ||||||
22 | a manner which places a person, other than a person listed | ||||||
23 | in subdivision (b)(4), in reasonable apprehension of being | ||||||
24 | struck by the moving motor vehicle. | ||||||
25 | (8) Without justification operates a motor vehicle in | ||||||
26 | a manner which places a person listed in subdivision |
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1 | (b)(4), in reasonable apprehension of being struck by the | ||||||
2 | moving motor vehicle. | ||||||
3 | (9) Knowingly video or audio records the offense with | ||||||
4 | the intent to disseminate the recording. | ||||||
5 | (d) Sentence. Aggravated assault as defined in subdivision | ||||||
6 | (a), (b)(1), (b)(1.5), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), | ||||||
7 | (b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, | ||||||
8 | except that aggravated assault as defined in subdivision | ||||||
9 | (b)(4) and (b)(7) is a Class 4 felony if a Category I, Category | ||||||
10 | II, or Category III weapon is used in the commission of the | ||||||
11 | assault. Aggravated assault as defined in subdivision | ||||||
12 | (b)(4.1), (b)(5), (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or | ||||||
13 | (c)(7) is a Class 4 felony. Aggravated assault as defined in | ||||||
14 | subdivision (c)(3) or (c)(8) is a Class 3 felony. | ||||||
15 | (e) For the purposes of this Section, "Category I weapon", | ||||||
16 | "Category II weapon " , and "Category III weapon" have the | ||||||
17 | meanings ascribed to those terms in Section 33A-1 of this | ||||||
18 | Code.
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19 | (Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
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20 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
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21 | Sec. 12-3.05. Aggravated battery.
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22 | (a) Offense based on injury. A person commits aggravated | ||||||
23 | battery when, in committing a battery, other than by the | ||||||
24 | discharge of a firearm, he or she knowingly does any of the | ||||||
25 | following: |
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1 | (1) Causes great bodily harm or permanent disability | ||||||
2 | or disfigurement. | ||||||
3 | (2) Causes severe and permanent disability, great | ||||||
4 | bodily harm, or disfigurement by means of a caustic or | ||||||
5 | flammable substance, a poisonous gas, a deadly biological | ||||||
6 | or chemical contaminant or agent, a radioactive substance, | ||||||
7 | or a bomb or explosive compound. | ||||||
8 | (3) Causes great bodily harm or permanent disability | ||||||
9 | or disfigurement to an individual whom the person knows to | ||||||
10 | be a peace officer, community policing volunteer, fireman, | ||||||
11 | private security officer, correctional institution | ||||||
12 | employee, or Department of Human Services employee | ||||||
13 | supervising or controlling sexually dangerous persons or | ||||||
14 | sexually violent persons: | ||||||
15 | (i) performing his or her official duties; | ||||||
16 | (ii) battered to prevent performance of his or her | ||||||
17 | official duties; or | ||||||
18 | (iii) battered in retaliation for performing his | ||||||
19 | or her official duties. | ||||||
20 | (4) Causes great bodily harm or permanent disability | ||||||
21 | or disfigurement to an individual 60 years of age or | ||||||
22 | older. | ||||||
23 | (5) Strangles another individual. | ||||||
24 | (b) Offense based on injury to a child or person with an | ||||||
25 | intellectual disability. A person who is at least 18 years of | ||||||
26 | age commits aggravated battery when, in committing a battery, |
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1 | he or she knowingly and without legal justification by any | ||||||
2 | means: | ||||||
3 | (1) causes great bodily harm or permanent disability | ||||||
4 | or disfigurement to any child under the age of 13 years, or | ||||||
5 | to any person with a severe or profound intellectual | ||||||
6 | disability; or | ||||||
7 | (2) causes bodily harm or disability or disfigurement | ||||||
8 | to any child under the age of 13 years or to any person | ||||||
9 | with a severe or profound intellectual disability. | ||||||
10 | (c) Offense based on location of conduct. A person commits | ||||||
11 | aggravated battery when, in committing a battery, other than | ||||||
12 | by the discharge of a firearm, he or she is or the person | ||||||
13 | battered is on or about a public way, public property, a public | ||||||
14 | place of accommodation or amusement, a sports venue, or a | ||||||
15 | domestic violence shelter, or in a church, synagogue, mosque, | ||||||
16 | or other building, structure, or place used for religious | ||||||
17 | worship. | ||||||
18 | (d) Offense based on status of victim. A person commits | ||||||
19 | aggravated battery when, in committing a battery, other than | ||||||
20 | by discharge of a firearm, he or she knows the individual | ||||||
21 | battered to be any of the following: | ||||||
22 | (1) A person 60 years of age or older. | ||||||
23 | (1.5) A servicemember or veteran. | ||||||
24 | (2) A person who is pregnant or has a physical | ||||||
25 | disability. | ||||||
26 | (3) A teacher or school employee upon school grounds |
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1 | or grounds adjacent to a school or in any part of a | ||||||
2 | building used for school purposes. | ||||||
3 | (4) A peace officer, community policing volunteer, | ||||||
4 | fireman, private security officer, correctional | ||||||
5 | institution employee, or Department of Human Services | ||||||
6 | employee supervising or controlling sexually dangerous | ||||||
7 | persons or sexually violent persons: | ||||||
8 | (i) performing his or her official duties; | ||||||
9 | (ii) battered to prevent performance of his or her | ||||||
10 | official duties; or | ||||||
11 | (iii) battered in retaliation for performing his | ||||||
12 | or her official duties. | ||||||
13 | (5) A judge, emergency management worker, emergency | ||||||
14 | medical services personnel, or utility worker: | ||||||
15 | (i) performing his or her official duties; | ||||||
16 | (ii) battered to prevent performance of his or her | ||||||
17 | official duties; or | ||||||
18 | (iii) battered in retaliation for performing his | ||||||
19 | or her official duties. | ||||||
20 | (6) An officer or employee of the State of Illinois, a | ||||||
21 | unit of local government, or a school district, while | ||||||
22 | performing his or her official duties. | ||||||
23 | (7) A transit employee performing his or her official | ||||||
24 | duties, or a transit passenger. | ||||||
25 | (8) A taxi driver on duty. | ||||||
26 | (9) A merchant who detains the person for an alleged |
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1 | commission of retail theft under Section 16-26 of this | ||||||
2 | Code and the person without legal justification by any | ||||||
3 | means causes bodily harm to the merchant. | ||||||
4 | (10) A person authorized to serve process under | ||||||
5 | Section 2-202 of the Code of Civil Procedure or a special | ||||||
6 | process server appointed by the circuit court while that | ||||||
7 | individual is in the performance of his or her duties as a | ||||||
8 | process server. | ||||||
9 | (11) A nurse while in the performance of his or her | ||||||
10 | duties as a nurse. | ||||||
11 | (12) A merchant: (i) while performing his or her | ||||||
12 | duties, including, but not limited to, relaying directions | ||||||
13 | for healthcare or safety from his or her supervisor or | ||||||
14 | employer or relaying health or safety guidelines, | ||||||
15 | recommendations, regulations, or rules from a federal, | ||||||
16 | State, or local public health agency; and (ii) during a | ||||||
17 | disaster declared by the Governor, or a state of emergency | ||||||
18 | declared by the mayor of the municipality in which the | ||||||
19 | merchant is located, due to a public health emergency and | ||||||
20 | for a period of 6 months after such declaration. | ||||||
21 | (e) Offense based on use of a firearm. A person commits | ||||||
22 | aggravated battery when, in committing a battery, he or she | ||||||
23 | knowingly does any of the following: | ||||||
24 | (1) Discharges a firearm, other than a machine gun or | ||||||
25 | a firearm equipped with a silencer, and causes any injury | ||||||
26 | to another person. |
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1 | (2) Discharges a firearm, other than a machine gun or | ||||||
2 | a firearm equipped with a silencer, and causes any injury | ||||||
3 | to a person he or she knows to be a peace officer, | ||||||
4 | community policing volunteer, person summoned by a police | ||||||
5 | officer, fireman, private security officer, correctional | ||||||
6 | institution employee, or emergency management worker: | ||||||
7 | (i) performing his or her official duties; | ||||||
8 | (ii) battered to prevent performance of his or her | ||||||
9 | official duties; or | ||||||
10 | (iii) battered in retaliation for performing his | ||||||
11 | or her official duties. | ||||||
12 | (3) Discharges a firearm, other than a machine gun or | ||||||
13 | a firearm equipped with a silencer, and causes any injury | ||||||
14 | to a person he or she knows to be emergency medical | ||||||
15 | services personnel: | ||||||
16 | (i) performing his or her official duties; | ||||||
17 | (ii) battered to prevent performance of his or her | ||||||
18 | official duties; or | ||||||
19 | (iii) battered in retaliation for performing his | ||||||
20 | or her official duties. | ||||||
21 | (4) Discharges a firearm and causes any injury to a | ||||||
22 | person he or she knows to be a teacher, a student in a | ||||||
23 | school, or a school employee, and the teacher, student, or | ||||||
24 | employee is upon school grounds or grounds adjacent to a | ||||||
25 | school or in any part of a building used for school | ||||||
26 | purposes. |
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1 | (5) Discharges a machine gun or a firearm equipped | ||||||
2 | with a silencer, and causes any injury to another person. | ||||||
3 | (6) Discharges a machine gun or a firearm equipped | ||||||
4 | with a silencer, and causes any injury to a person he or | ||||||
5 | she knows to be a peace officer, community policing | ||||||
6 | volunteer, person summoned by a police officer, fireman, | ||||||
7 | private security officer, correctional institution | ||||||
8 | employee or emergency management worker: | ||||||
9 | (i) performing his or her official duties; | ||||||
10 | (ii) battered to prevent performance of his or her | ||||||
11 | official duties; or | ||||||
12 | (iii) battered in retaliation for performing his | ||||||
13 | or her official duties. | ||||||
14 | (7) Discharges a machine gun or a firearm equipped | ||||||
15 | with a silencer, and causes any injury to a person he or | ||||||
16 | she knows to be emergency medical services personnel: | ||||||
17 | (i) performing his or her official duties; | ||||||
18 | (ii) battered to prevent performance of his or her | ||||||
19 | official duties; or | ||||||
20 | (iii) battered in retaliation for performing his | ||||||
21 | or her official duties. | ||||||
22 | (8) Discharges a machine gun or a firearm equipped | ||||||
23 | with a silencer, and causes any injury to a person he or | ||||||
24 | she knows to be a teacher, or a student in a school, or a | ||||||
25 | school employee, and the teacher, student, or employee is | ||||||
26 | upon school grounds or grounds adjacent to a school or in |
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1 | any part of a building used for school purposes. | ||||||
2 | (f) Offense based on use of a weapon or device. A person | ||||||
3 | commits aggravated battery when, in committing a battery, he | ||||||
4 | or she does any of the following: | ||||||
5 | (1) Uses a deadly weapon other than by discharge of a | ||||||
6 | firearm, or uses an air rifle as defined in Section | ||||||
7 | 24.8-0.1 of this Code. | ||||||
8 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
9 | identity. | ||||||
10 | (3) Knowingly and without lawful justification shines | ||||||
11 | or flashes a laser gunsight or other laser device attached | ||||||
12 | to a firearm, or used in concert with a firearm, so that | ||||||
13 | the laser beam strikes upon or against the person of | ||||||
14 | another. | ||||||
15 | (4) Knowingly video or audio records the offense with | ||||||
16 | the intent to disseminate the recording. | ||||||
17 | (g) Offense based on certain conduct. A person commits | ||||||
18 | aggravated battery when, other than by discharge of a firearm, | ||||||
19 | he or she does any of the following: | ||||||
20 | (1) Violates Section 401 of the Illinois Controlled | ||||||
21 | Substances Act by unlawfully delivering a controlled | ||||||
22 | substance to another and any user experiences great bodily | ||||||
23 | harm or permanent disability as a result of the injection, | ||||||
24 | inhalation, or ingestion of any amount of the controlled | ||||||
25 | substance. | ||||||
26 | (2) Knowingly administers to an individual or causes |
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1 | him or her to take, without his or her consent or by threat | ||||||
2 | or deception, and for other than medical purposes, any | ||||||
3 | intoxicating, poisonous, stupefying, narcotic, | ||||||
4 | anesthetic, or controlled substance, or gives to another | ||||||
5 | person any food containing any substance or object | ||||||
6 | intended to cause physical injury if eaten. | ||||||
7 | (3) Knowingly causes or attempts to cause a | ||||||
8 | correctional institution employee or Department of Human | ||||||
9 | Services employee to come into contact with blood, seminal | ||||||
10 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
11 | the fluid or material, and the person is an inmate of a | ||||||
12 | penal institution or is a sexually dangerous person or | ||||||
13 | sexually violent person in the custody of the Department | ||||||
14 | of Human Services. | ||||||
15 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
16 | battery is a Class 3 felony. | ||||||
17 | Aggravated battery as defined in subdivision (a)(4), | ||||||
18 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
19 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
20 | (g)(1) is a Class 1 felony. | ||||||
21 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
22 | Class 1 felony when the aggravated battery was intentional and | ||||||
23 | involved the infliction of torture, as defined in paragraph | ||||||
24 | (14) of subsection (b) of Section 9-1 of this Code, as the | ||||||
25 | infliction of or subjection to extreme physical pain, | ||||||
26 | motivated by an intent to increase or prolong the pain, |
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1 | suffering, or agony of the victim. | ||||||
2 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
3 | Class 2 felony when the person causes great bodily harm or | ||||||
4 | permanent disability to an individual whom the person knows to | ||||||
5 | be a member of a congregation engaged in prayer or other | ||||||
6 | religious activities at a church, synagogue, mosque, or other | ||||||
7 | building, structure, or place used for religious worship. | ||||||
8 | Aggravated battery under subdivision (a)(5) is a
Class 1 | ||||||
9 | felony if: | ||||||
10 | (A) the person used or attempted to use a dangerous
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11 | instrument while committing the offense; | ||||||
12 | (B) the person caused great bodily harm or
permanent | ||||||
13 | disability or disfigurement to the other
person while | ||||||
14 | committing the offense; or | ||||||
15 | (C) the person has been previously convicted of a
| ||||||
16 | violation of subdivision (a)(5) under the laws of this
| ||||||
17 | State or laws similar to subdivision (a)(5) of any other
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18 | state. | ||||||
19 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
20 | Class X felony. | ||||||
21 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
22 | Class X felony for which a person shall be sentenced to a term | ||||||
23 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
24 | years. | ||||||
25 | Aggravated battery as defined in subdivision (e)(5) is a | ||||||
26 | Class X felony for which a person shall be sentenced to a term |
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1 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
2 | years. | ||||||
3 | Aggravated battery as defined in subdivision (e)(2), | ||||||
4 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
5 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
6 | and a maximum of 60 years. | ||||||
7 | Aggravated battery as defined in subdivision (e)(6), | ||||||
8 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
9 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
10 | and a maximum of 60 years. | ||||||
11 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
12 | Class X felony, except that: | ||||||
13 | (1) if the person committed the offense while armed | ||||||
14 | with a firearm, 15 years shall be added to the term of | ||||||
15 | imprisonment imposed by the court; | ||||||
16 | (2) if, during the commission of the offense, the | ||||||
17 | person personally discharged a firearm, 20 years shall be | ||||||
18 | added to the term of imprisonment imposed by the court; | ||||||
19 | (3) if, during the commission of the offense, the | ||||||
20 | person personally discharged a firearm that proximately | ||||||
21 | caused great bodily harm, permanent disability, permanent | ||||||
22 | disfigurement, or death to another person, 25 years or up | ||||||
23 | to a term of natural life shall be added to the term of | ||||||
24 | imprisonment imposed by the court. | ||||||
25 | (i) Definitions. In this Section: | ||||||
26 | "Building or other structure used to provide shelter" has |
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1 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
2 | Violence Shelters Act. | ||||||
3 | "Domestic violence" has the meaning ascribed to it in | ||||||
4 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
5 | "Domestic violence shelter" means any building or other | ||||||
6 | structure used to provide shelter or other services to victims | ||||||
7 | or to the dependent children of victims of domestic violence | ||||||
8 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
9 | Domestic Violence Shelters Act, or any place within 500 feet | ||||||
10 | of such a building or other structure in the case of a person | ||||||
11 | who is going to or from such a building or other structure. | ||||||
12 | "Firearm" has the meaning provided under Section 1.1
of | ||||||
13 | the Firearm Owners Identification Card Act, and does
not | ||||||
14 | include an air rifle as defined by Section 24.8-0.1 of this | ||||||
15 | Code. | ||||||
16 | "Machine gun" has the meaning ascribed to it in Section | ||||||
17 | 24-1 of this Code. | ||||||
18 | "Merchant" has the meaning ascribed to it in Section | ||||||
19 | 16-0.1 of this Code. | ||||||
20 | "Strangle" means
intentionally impeding the normal | ||||||
21 | breathing or circulation of the blood of an individual by | ||||||
22 | applying pressure on the throat
or neck of that individual or | ||||||
23 | by blocking the nose or mouth of
that individual.
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24 | (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
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