HB4132 Engrossed LRB094 14522 RLC 49459 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 Section 12-2 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 or other deadly weapon, other than by discharging a
13     firearm in the direction of another person, a peace
14     officer, a person summoned or directed by a peace officer,
15     a correctional officer or a fireman or in the direction of
16     a vehicle occupied by another person, a peace officer, a
17     person summoned or directed by a peace officer, a
18     correctional officer or a fireman while the officer or
19     fireman is engaged in the execution of any of his official
20     duties, or to prevent the officer or fireman from
21     performing his official duties, or in retaliation for the
22     officer or 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,

 

 

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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 Department of
8     Healthcare and Family Services (formerly State Department
9     of Public Aid), a County Department of Public Aid, or the
10     Department of Human Services (acting as successor to the
11     Illinois Department of Public Aid under the Department of
12     Human Services Act) and such caseworker, investigator, or
13     other person is upon the grounds of a public aid office or
14     grounds adjacent thereto, or is in any part of a building
15     used for public aid purposes, or upon the grounds of a home
16     of a public aid applicant, recipient or any other person
17     being interviewed or investigated in the employees'
18     discharge of his duties, or on grounds adjacent thereto, or
19     is in any part of a building in which the applicant,
20     recipient, or other such person resides or 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

 

 

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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;

 

 

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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

 

 

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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; or .
5         (18) Knows the individual assaulted to be an emergency
6     management worker, while the emergency management worker
7     is engaged in the execution of any of his or her official
8     duties, or to prevent the emergency management worker from
9     performing his or her official duties, or in retaliation
10     for the emergency management worker performing his or her
11     official duties, and the assault is committed other than by
12     the discharge of a firearm in the direction of the
13     emergency management worker or in the direction of a
14     vehicle occupied by the emergency management worker.
15     (a-5) A person commits an aggravated assault when he or she
16 knowingly and without lawful justification shines or flashes a
17 laser gunsight or other laser device that is attached or
18 affixed to a firearm, or used in concert with a firearm, so
19 that the laser beam strikes near or in the immediate vicinity
20 of any person.
21     (b) Sentence.
22     Aggravated assault as defined in paragraphs (1) through (5)
23 and (8) through (12) and (17) of subsection (a) of this Section
24 is a Class A misdemeanor. Aggravated assault as defined in
25 paragraphs (13), (14), and (15) of subsection (a) of this
26 Section and as defined in subsection (a-5) of this Section is a
27 Class 4 felony. Aggravated assault as defined in paragraphs
28 (6), (7), (16), and (18) of subsection (a) of this Section is a
29 Class A misdemeanor if a firearm is not used in the commission
30 of the assault. Aggravated assault as defined in paragraphs
31 (6), (7), (16), and (18) of subsection (a) of this Section is a
32 Class 4 felony if a firearm is used in the commission of the
33 assault.
34 (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482,
35 eff. 1-1-06; revised 12-15-05.)