|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1432
Introduced 2/10/2005, by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
|
720 ILCS 5/12-2 |
from Ch. 38, par. 12-2 |
720 ILCS 5/12-4 |
from Ch. 38, par. 12-4 |
|
Amends the Criminal Code of 1961. Provides that aggravated assault or aggravated battery also occurs when the individual assaulted or battered or the person committing the assault or battery is in or about a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park during any 24-hour period when a professional sporting event, National Collegiate Athletic Association (NCAA)-sanctioned sporting event, United States Olympic Committee-sanctioned sporting event, or International Olympic Committee-sanctioned sporting event is taking place in the venue.
|
| |
|
|
| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB1432 |
|
LRB094 05444 RLC 35489 b |
|
|
1 |
| AN ACT concerning criminal law.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Criminal Code of 1961 is amended by changing |
5 |
| Sections 12-2 and 12-4 as follows:
|
6 |
| (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
|
7 |
| Sec. 12-2. Aggravated assault.
|
8 |
| (a) A person commits an aggravated assault, when, in |
9 |
| committing an
assault, he:
|
10 |
| (1) Uses a deadly weapon or any device manufactured and |
11 |
| designed to be
substantially similar in appearance to a |
12 |
| firearm, other than by
discharging a firearm in the |
13 |
| direction of another person, a peace
officer, a person |
14 |
| summoned or directed by a peace officer, a correctional
|
15 |
| officer or a fireman or in the direction of a vehicle |
16 |
| occupied by another
person, a peace officer, a person |
17 |
| summoned or directed by a peace officer,
a correctional |
18 |
| officer or a fireman while the officer or fireman is
|
19 |
| engaged in the execution of any of his official duties, or |
20 |
| to prevent the
officer or fireman from performing his |
21 |
| official duties, or in retaliation
for the officer or |
22 |
| fireman performing his official duties;
|
23 |
| (2) Is hooded, robed or masked in such manner as to |
24 |
| conceal his
identity or any device manufactured and |
25 |
| designed to be substantially
similar in appearance to a |
26 |
| firearm;
|
27 |
| (3) Knows the individual assaulted to be a teacher or |
28 |
| other person
employed in any school and such teacher or |
29 |
| other employee is upon the
grounds of a school or grounds |
30 |
| adjacent thereto, or is in any part of a
building used for |
31 |
| school purposes;
|
32 |
| (4) Knows the individual assaulted to be a supervisor, |
|
|
|
HB1432 |
- 2 - |
LRB094 05444 RLC 35489 b |
|
|
1 |
| director,
instructor or other person employed in any park |
2 |
| district and such
supervisor, director, instructor or |
3 |
| other employee is upon the grounds of
the park or grounds |
4 |
| adjacent thereto, or is in any part of a building used
for |
5 |
| park purposes;
|
6 |
| (5) Knows the individual assaulted to be a caseworker, |
7 |
| investigator, or
other person employed by the State |
8 |
| Department of Public Aid, a
County
Department of Public |
9 |
| Aid, or the Department of Human Services (acting as
|
10 |
| successor to the Illinois Department of Public Aid under |
11 |
| the Department of
Human Services Act) and such caseworker, |
12 |
| investigator, or other person
is upon the grounds of a |
13 |
| public aid office or grounds adjacent thereto, or
is in any |
14 |
| part of a building used for public aid purposes, or upon |
15 |
| the
grounds of a home of a public aid applicant, recipient |
16 |
| or any other person
being interviewed or investigated in |
17 |
| the employees' discharge of his
duties, or on grounds |
18 |
| adjacent thereto, or is in any part of a building in
which |
19 |
| the applicant, recipient, or other such person resides or |
20 |
| is located;
|
21 |
| (6) Knows the individual assaulted to be a peace |
22 |
| officer, or a community
policing volunteer, or a fireman
|
23 |
| while the officer or fireman is engaged in the execution of |
24 |
| any of his
official duties, or to prevent the officer, |
25 |
| community policing volunteer,
or fireman from performing
|
26 |
| his official duties, or in retaliation for the officer, |
27 |
| community policing
volunteer, or fireman
performing his |
28 |
| official duties, and the assault is committed other than by
|
29 |
| the discharge of a firearm in the direction of the officer |
30 |
| or fireman or
in the direction of a vehicle occupied by the |
31 |
| officer or fireman;
|
32 |
| (7) Knows the individual assaulted to be
an emergency |
33 |
| medical technician - ambulance, emergency medical
|
34 |
| technician - intermediate, emergency medical technician - |
35 |
| paramedic, ambulance
driver or other medical
assistance or |
36 |
| first aid personnel engaged in the
execution of any of his |
|
|
|
HB1432 |
- 3 - |
LRB094 05444 RLC 35489 b |
|
|
1 |
| official duties, or to prevent the
emergency medical |
2 |
| technician - ambulance, emergency medical
technician - |
3 |
| intermediate, emergency medical technician - paramedic,
|
4 |
| ambulance driver, or other medical assistance or first aid |
5 |
| personnel from
performing his official duties, or in |
6 |
| retaliation for the
emergency medical technician - |
7 |
| ambulance, emergency medical
technician - intermediate, |
8 |
| emergency medical technician - paramedic,
ambulance |
9 |
| driver, or other medical assistance or first aid personnel
|
10 |
| performing his official duties;
|
11 |
| (8) Knows the individual assaulted to be the driver, |
12 |
| operator, employee
or passenger of any transportation |
13 |
| facility or system engaged in the
business of |
14 |
| transportation of the public for hire and the individual
|
15 |
| assaulted is then performing in such capacity or then using |
16 |
| such public
transportation as a passenger or using any area |
17 |
| of any description
designated by the transportation |
18 |
| facility or system as a vehicle boarding,
departure, or |
19 |
| transfer location;
|
20 |
| (9) Or the individual assaulted is on or about a public |
21 |
| way, public
property, or public place of accommodation or |
22 |
| amusement;
|
23 |
| (9.5) Is, or the individual assaulted is, in or about a |
24 |
| publicly or privately owned sports or entertainment arena, |
25 |
| stadium, community or convention hall, special event |
26 |
| center, amusement facility, or a special event center in a |
27 |
| public park during any 24-hour period when a professional |
28 |
| sporting event, National Collegiate Athletic Association |
29 |
| (NCAA)-sanctioned sporting event, United States Olympic |
30 |
| Committee-sanctioned sporting event, or International |
31 |
| Olympic Committee-sanctioned sporting event is taking |
32 |
| place in this venue;
|
33 |
| (10) Knows the individual assaulted to be an employee |
34 |
| of the State of
Illinois, a municipal corporation therein |
35 |
| or a political subdivision
thereof, engaged in the |
36 |
| performance of his authorized duties as such
employee;
|
|
|
|
HB1432 |
- 4 - |
LRB094 05444 RLC 35489 b |
|
|
1 |
| (11) Knowingly and without legal justification, |
2 |
| commits an assault on
a physically handicapped person;
|
3 |
| (12) Knowingly and without legal justification, |
4 |
| commits an assault on a
person 60 years of age or older;
|
5 |
| (13) Discharges a firearm;
|
6 |
| (14) Knows the individual assaulted to be a |
7 |
| correctional officer, while
the officer is engaged in the |
8 |
| execution of any of his or her official duties,
or to |
9 |
| prevent the officer from performing his or her official |
10 |
| duties, or in
retaliation for the officer performing his or |
11 |
| her official duties;
|
12 |
| (15) Knows the individual assaulted to be a |
13 |
| correctional employee or
an employee of the Department of |
14 |
| Human Services supervising or controlling
sexually |
15 |
| dangerous persons or sexually violent persons, while
the |
16 |
| employee is engaged in the execution of any of his or her |
17 |
| official duties,
or to prevent the employee from performing |
18 |
| his or her official duties, or in
retaliation for the |
19 |
| employee performing his or her official duties, and the
|
20 |
| assault is committed other than by the discharge of a |
21 |
| firearm in the direction
of the employee or in the |
22 |
| direction of a vehicle occupied by the employee;
|
23 |
| (16) Knows the individual assaulted to be an employee |
24 |
| of a police or
sheriff's department engaged in the |
25 |
| performance of his or her official duties
as such employee; |
26 |
| or
|
27 |
| (17) Knows the individual assaulted to be a sports |
28 |
| official or coach at any level of competition and the act |
29 |
| causing the assault to the sports official or coach |
30 |
| occurred within an athletic facility or an indoor or |
31 |
| outdoor playing field or within the immediate vicinity of |
32 |
| the athletic facility or an indoor or outdoor playing field |
33 |
| at which the sports official or coach was an active |
34 |
| participant in the athletic contest held at the athletic |
35 |
| facility. For the purposes of this paragraph (17), "sports |
36 |
| official" means a person at an athletic contest who |
|
|
|
HB1432 |
- 5 - |
LRB094 05444 RLC 35489 b |
|
|
1 |
| enforces the rules of the contest, such as an umpire or |
2 |
| referee; and "coach" means a person recognized as a coach |
3 |
| by the sanctioning authority that conducted the athletic |
4 |
| contest.
|
5 |
| (a-5) A person commits an aggravated assault when he or she |
6 |
| knowingly and
without lawful justification shines or flashes a |
7 |
| laser gunsight or other laser
device that is attached or |
8 |
| affixed to a firearm, or used in concert with a
firearm, so |
9 |
| that the laser beam strikes near or in the immediate vicinity |
10 |
| of
any person.
|
11 |
| (b) Sentence.
|
12 |
| Aggravated assault as defined in paragraphs (1) through (5) |
13 |
| and (8) through
(12) and (17) of subsection (a) of this Section |
14 |
| is a Class A misdemeanor. Aggravated
assault as defined in |
15 |
| paragraphs (13), (14), and (15) of subsection (a) of this
|
16 |
| Section and as defined in subsection (a-5) of this Section is a |
17 |
| Class 4
felony. Aggravated assault as defined in paragraphs
|
18 |
| (6), (7), and (16) of
subsection (a) of this Section is a Class |
19 |
| A misdemeanor if a firearm is not
used in the commission of the |
20 |
| assault. Aggravated assault as defined in
paragraphs (6), (7), |
21 |
| and (16) of subsection (a) of this
Section is a Class 4 felony |
22 |
| if a firearm is used in the commission of the
assault.
|
23 |
| (Source: P.A. 92-841, eff. 8-22-02; 92-865, eff. 1-3-03; |
24 |
| 93-692, eff. 1-1-05.)
|
25 |
| (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
|
26 |
| Sec. 12-4. Aggravated Battery.
|
27 |
| (a) A person who, in committing a battery, intentionally or |
28 |
| knowingly
causes great bodily harm, or permanent disability or |
29 |
| disfigurement commits
aggravated battery.
|
30 |
| (b) In committing a battery, a person commits aggravated |
31 |
| battery if he or
she:
|
32 |
| (1) Uses a deadly weapon other than by the discharge of |
33 |
| a firearm;
|
34 |
| (2) Is hooded, robed or masked, in such manner as to |
35 |
| conceal his
identity;
|
|
|
|
HB1432 |
- 6 - |
LRB094 05444 RLC 35489 b |
|
|
1 |
| (3) Knows the individual harmed to be a teacher or |
2 |
| other person
employed in any school and such teacher or |
3 |
| other employee is upon the
grounds of a school or grounds |
4 |
| adjacent thereto, or is in any part of a
building used for |
5 |
| school purposes;
|
6 |
| (4) Knows the individual harmed to be a supervisor, |
7 |
| director,
instructor or other person employed in any park |
8 |
| district and such
supervisor, director, instructor or |
9 |
| other employee is upon the grounds
of the park or grounds |
10 |
| adjacent thereto, or is in any part of a building
used for |
11 |
| park purposes;
|
12 |
| (5) Knows the individual harmed to be a caseworker, |
13 |
| investigator, or
other person employed by the State |
14 |
| Department of Public Aid, a County
Department of Public |
15 |
| Aid, or the Department of Human Services (acting as
|
16 |
| successor to the Illinois Department of Public Aid under |
17 |
| the Department of
Human Services Act) and such caseworker, |
18 |
| investigator, or other
person is upon the grounds of a |
19 |
| public aid office or grounds adjacent
thereto, or is in any |
20 |
| part of a building used for public aid purposes,
or upon |
21 |
| the grounds of a home of a public aid applicant, recipient, |
22 |
| or
any other person being interviewed or investigated in |
23 |
| the employee's
discharge of his duties, or on grounds |
24 |
| adjacent thereto, or is in any
part of a building in which |
25 |
| the applicant, recipient, or other such
person resides or |
26 |
| is located;
|
27 |
| (6) Knows the individual harmed to be a peace officer, |
28 |
| a community
policing volunteer, a correctional institution |
29 |
| employee, an employee
of the Department of Human Services |
30 |
| supervising or controlling sexually
dangerous persons or |
31 |
| sexually violent persons, or a fireman while
such officer, |
32 |
| volunteer, employee or fireman is engaged in the execution |
33 |
| of
any official duties including arrest or attempted |
34 |
| arrest, or to prevent the
officer, volunteer, employee or |
35 |
| fireman from performing official duties, or in
retaliation |
36 |
| for the officer, volunteer, employee or fireman performing |
|
|
|
HB1432 |
- 7 - |
LRB094 05444 RLC 35489 b |
|
|
1 |
| official
duties, and the battery is committed other than by |
2 |
| the discharge of a firearm;
|
3 |
| (7) Knows the individual harmed to be an emergency |
4 |
| medical technician -
ambulance, emergency medical |
5 |
| technician - intermediate, emergency medical
technician - |
6 |
| paramedic, ambulance driver, other medical assistance, |
7 |
| first
aid personnel, or hospital personnel engaged in the
|
8 |
| performance of any of his or her official duties,
or to |
9 |
| prevent the emergency medical technician - ambulance, |
10 |
| emergency medical
technician - intermediate, emergency |
11 |
| medical technician - paramedic, ambulance
driver, other |
12 |
| medical assistance, first aid personnel, or
hospital |
13 |
| personnel from performing
official duties, or in |
14 |
| retaliation for performing official duties;
|
15 |
| (8) Is, or the person battered is, on or about a public |
16 |
| way, public
property or public place of accommodation or |
17 |
| amusement;
|
18 |
| (8.5) Is, or the person battered is, on a publicly or |
19 |
| privately owned sports or entertainment arena, stadium, |
20 |
| community or convention hall, special event center, |
21 |
| amusement facility, or a special event center in a public |
22 |
| park during any 24-hour period when a professional sporting |
23 |
| event, National Collegiate Athletic Association |
24 |
| (NCAA)-sanctioned sporting event, United States Olympic |
25 |
| Committee-sanctioned sporting event, or International |
26 |
| Olympic Committee-sanctioned sporting event is taking |
27 |
| place in this venue;
|
28 |
| (9) Knows the individual harmed to be the driver, |
29 |
| operator, employee
or passenger of any transportation |
30 |
| facility or system engaged in the
business of |
31 |
| transportation of the public for hire and the individual
|
32 |
| assaulted is then performing in such capacity or then using |
33 |
| such public
transportation as a passenger or using any area |
34 |
| of any description
designated by the transportation |
35 |
| facility or system as a vehicle
boarding, departure, or |
36 |
| transfer location;
|
|
|
|
HB1432 |
- 8 - |
LRB094 05444 RLC 35489 b |
|
|
1 |
| (10) Knowingly and without legal justification and by |
2 |
| any means
causes bodily harm to an individual of 60 years |
3 |
| of age or older;
|
4 |
| (11) Knows the individual harmed is pregnant;
|
5 |
| (12) Knows the individual harmed to be a judge whom the
|
6 |
| person intended to harm as a result of the judge's |
7 |
| performance of his or
her official duties as a judge;
|
8 |
| (13) Knows the individual harmed to be an employee of |
9 |
| the Illinois
Department of Children and Family Services |
10 |
| engaged in the performance of
his authorized duties as such |
11 |
| employee;
|
12 |
| (14) Knows the individual harmed to be a person who is |
13 |
| physically
handicapped;
|
14 |
| (15) Knowingly and without legal justification and by |
15 |
| any means causes
bodily harm to a merchant who detains the |
16 |
| person for an alleged commission of
retail theft under |
17 |
| Section 16A-5 of this Code.
In this item (15), "merchant" |
18 |
| has the meaning ascribed to it in Section
16A-2.4 of this |
19 |
| Code;
|
20 |
| (16) Is, or the person battered is, in any building or |
21 |
| other structure
used to provide shelter or other services |
22 |
| to victims or to the dependent
children of victims of |
23 |
| domestic violence pursuant to the Illinois Domestic
|
24 |
| Violence Act of 1986 or the Domestic Violence Shelters Act, |
25 |
| or the person
battered is within 500 feet of such a |
26 |
| building or other structure while going
to or from such a |
27 |
| building or other structure. "Domestic violence" has the
|
28 |
| meaning ascribed to it in Section 103 of the Illinois |
29 |
| Domestic Violence Act of
1986. "Building or other structure |
30 |
| used to provide shelter" has the meaning
ascribed to |
31 |
| "shelter" in Section 1 of the Domestic Violence Shelters |
32 |
| Act; or
|
33 |
| (17) Knows the individual harmed to be an employee of a |
34 |
| police or
sheriff's department engaged in the performance |
35 |
| of his or her official duties
as such employee.
|
36 |
| For the purpose of paragraph (14) of subsection (b) of this |
|
|
|
HB1432 |
- 9 - |
LRB094 05444 RLC 35489 b |
|
|
1 |
| Section, a
physically handicapped person is a person who |
2 |
| suffers from a permanent and
disabling physical |
3 |
| characteristic, resulting from disease, injury,
functional |
4 |
| disorder or congenital condition.
|
5 |
| (c) A person who administers to an individual or causes him |
6 |
| to take,
without his consent or by threat or deception, and for |
7 |
| other than
medical purposes, any intoxicating, poisonous, |
8 |
| stupefying, narcotic,
anesthetic, or controlled substance |
9 |
| commits aggravated battery.
|
10 |
| (d) A person who knowingly gives to another person any food |
11 |
| that
contains any substance or object that is intended to cause |
12 |
| physical
injury if eaten, commits aggravated battery.
|
13 |
| (d-3) A person commits aggravated battery when he or she |
14 |
| knowingly and
without lawful justification shines or flashes a |
15 |
| laser gunsight or other laser
device that is attached or |
16 |
| affixed to a firearm, or used in concert with a
firearm, so |
17 |
| that the laser beam strikes upon or against the person of |
18 |
| another.
|
19 |
| (d-5) An inmate of a penal institution or a sexually |
20 |
| dangerous person or a
sexually violent person in the custody of |
21 |
| the Department of Human Services
who causes or attempts to |
22 |
| cause a
correctional employee of the penal institution or an |
23 |
| employee of the
Department of Human Services to come into |
24 |
| contact with blood,
seminal fluid, urine, or feces, by |
25 |
| throwing, tossing, or expelling that fluid
or material commits |
26 |
| aggravated battery. For purposes of this subsection (d-5),
|
27 |
| "correctional employee" means a person who is employed by a |
28 |
| penal institution.
|
29 |
| (e) Sentence.
|
30 |
| Aggravated battery is a Class 3 felony, except a violation |
31 |
| of subsection (a)
is a Class 2 felony when the person knows the |
32 |
| individual harmed to be a peace
officer engaged in the |
33 |
| execution of any of his or her official duties, or the
battery |
34 |
| is to prevent the officer from performing his or her official |
35 |
| duties,
or in retaliation for the officer performing his or her |
36 |
| official duties.
|