HB5256 Engrossed LRB094 16589 RLC 51850 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,

 

 

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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 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

 

 

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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; .
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; or .
15         (19) Knows the individual assaulted to be a utility
16     worker, while the utility worker is engaged in the
17     execution of his or her duties, or to prevent the utility
18     worker from performing his or her duties, or in retaliation
19     for the utility worker performing his or her duties. In
20     this paragraph (19), "utility worker" means a person
21     employed by a public utility as defined in Section 3-105 of
22     the Public Utilities Act and also includes an employee of a
23     municipally owned utility, an employee of a cable
24     television company, an employee of an electric cooperative
25     as defined in Section 3-119 of the Public Utilities Act, an
26     independent contractor or an employee of an independent
27     contractor working on behalf of a cable television company,
28     public utility, municipally owned utility, or an electric
29     cooperative, or an employee of a telecommunications
30     carrier as defined in Section 13-202 of the Public
31     Utilities Act, an independent contractor or an employee of
32     an independent contractor working on behalf of a
33     telecommunications carrier, or an employee of a telephone
34     or telecommunications cooperative as defined in Section
35     13-212 of the Public Utilities Act, or an independent
36     contractor or an employee of an independent contractor

 

 

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1     working on behalf of a telephone or telecommunications
2     cooperative.
3     (a-5) A person commits an aggravated assault 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 near or in the immediate vicinity
8 of any person.
9     (b) Sentence.
10     Aggravated assault as defined in paragraphs (1) through (5)
11 and (8) through (12) and (17) and (19) of subsection (a) of
12 this Section is a Class A misdemeanor. Aggravated assault as
13 defined in paragraphs (13), (14), and (15) of subsection (a) of
14 this Section and as defined in subsection (a-5) of this Section
15 is a Class 4 felony. Aggravated assault as defined in
16 paragraphs (6), (7), (16), and (18) of subsection (a) of this
17 Section is a Class A misdemeanor if a firearm is not used in
18 the commission of the assault. Aggravated assault as defined in
19 paragraphs (6), (7), (16), and (18) of subsection (a) of this
20 Section is a Class 4 felony if a firearm is used in the
21 commission of the assault.
22 (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482,
23 eff. 1-1-06; revised 8-19-05.)
 
24     (720 ILCS 5/12-4)  (from Ch. 38, par. 12-4)
25     Sec. 12-4. Aggravated Battery.
26     (a) A person who, in committing a battery, intentionally or
27 knowingly causes great bodily harm, or permanent disability or
28 disfigurement commits aggravated battery.
29     (b) In committing a battery, a person commits aggravated
30 battery if he or she:
31         (1) Uses a deadly weapon other than by the discharge of
32     a firearm;
33         (2) Is hooded, robed or masked, in such manner as to
34     conceal his identity;
35         (3) Knows the individual harmed to be a teacher or

 

 

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1     other person employed in any school and such teacher or
2     other employee is upon the grounds of a school or grounds
3     adjacent thereto, or is in any part of a building used for
4     school purposes;
5         (4) (Blank);
6         (5) (Blank);
7         (6) Knows the individual harmed to be a community
8     policing volunteer while such volunteer is engaged in the
9     execution of any official duties, or to prevent the
10     volunteer from performing official duties, or in
11     retaliation for the volunteer performing official duties,
12     and the battery is committed other than by the discharge of
13     a firearm;
14         (7) Knows the individual harmed to be an emergency
15     medical technician - ambulance, emergency medical
16     technician - intermediate, emergency medical technician -
17     paramedic, ambulance driver, other medical assistance,
18     first aid personnel, or hospital personnel engaged in the
19     performance of any of his or her official duties, or to
20     prevent the emergency medical technician - ambulance,
21     emergency medical technician - intermediate, emergency
22     medical technician - paramedic, ambulance driver, other
23     medical assistance, first aid personnel, or hospital
24     personnel from performing official duties, or in
25     retaliation for performing official duties;
26         (8) Is, or the person battered is, on or about a public
27     way, public property or public place of accommodation or
28     amusement;
29         (8.5) Is, or the person battered is, on a publicly or
30     privately owned sports or entertainment arena, stadium,
31     community or convention hall, special event center,
32     amusement facility, or a special event center in a public
33     park during any 24-hour period when a professional sporting
34     event, National Collegiate Athletic Association
35     (NCAA)-sanctioned sporting event, United States Olympic
36     Committee-sanctioned sporting event, or International

 

 

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1     Olympic Committee-sanctioned sporting event is taking
2     place in this venue;
3         (9) Knows the individual harmed to be the driver,
4     operator, employee or passenger of any transportation
5     facility or system engaged in the business of
6     transportation of the public for hire and the individual
7     assaulted is then performing in such capacity or then using
8     such public transportation as a passenger or using any area
9     of any description designated by the transportation
10     facility or system as a vehicle boarding, departure, or
11     transfer location;
12         (10) Knows the individual harmed to be an individual of
13     60 years of age or older;
14         (11) Knows the individual harmed is pregnant;
15         (12) Knows the individual harmed to be a judge whom the
16     person intended to harm as a result of the judge's
17     performance of his or her official duties as a judge;
18         (13) (Blank);
19         (14) Knows the individual harmed to be a person who is
20     physically handicapped;
21         (15) Knowingly and without legal justification and by
22     any means causes bodily harm to a merchant who detains the
23     person for an alleged commission of retail theft under
24     Section 16A-5 of this Code. In this item (15), "merchant"
25     has the meaning ascribed to it in Section 16A-2.4 of this
26     Code;
27         (16) Is, or the person battered is, in any building or
28     other structure used to provide shelter or other services
29     to victims or to the dependent children of victims of
30     domestic violence pursuant to the Illinois Domestic
31     Violence Act of 1986 or the Domestic Violence Shelters Act,
32     or the person battered is within 500 feet of such a
33     building or other structure while going to or from such a
34     building or other structure. "Domestic violence" has the
35     meaning ascribed to it in Section 103 of the Illinois
36     Domestic Violence Act of 1986. "Building or other structure

 

 

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1     used to provide shelter" has the meaning ascribed to
2     "shelter" in Section 1 of the Domestic Violence Shelters
3     Act;
4         (17) (Blank); or
5         (18) Knows the individual harmed to be an officer or
6     employee of the State of Illinois, a unit of local
7     government, or school district engaged in the performance
8     of his or her authorized duties as such officer or
9     employee; .
10         (19) (18) Knows the individual harmed to be an
11     emergency management worker engaged in the performance of
12     any of his or her official duties, or to prevent the
13     emergency management worker from performing official
14     duties, or in retaliation for the emergency management
15     worker performing official duties; or .
16         (20) Knows the individual harmed to be a utility
17     worker, while the utility worker is engaged in the
18     execution of his or her duties, or to prevent the utility
19     worker from performing his or her duties, or in retaliation
20     for the utility worker performing his or her duties. In
21     this paragraph (20), "utility worker" means a person
22     employed by a public utility as defined in Section 3-105 of
23     the Public Utilities Act and also includes an employee of a
24     municipally owned utility, an employee of a cable
25     television company, an employee of an electric cooperative
26     as defined in Section 3-119 of the Public Utilities Act, an
27     independent contractor or an employee of an independent
28     contractor working on behalf of a cable television company,
29     public utility, municipally owned utility, or an electric
30     cooperative, or an employee of a telecommunications
31     carrier as defined in Section 13-202 of the Public
32     Utilities Act, an independent contractor or an employee of
33     an independent contractor working on behalf of a
34     telecommunications carrier, or an employee of a telephone
35     or telecommunications cooperative as defined in Section
36     13-212 of the Public Utilities Act, or an independent

 

 

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1     contractor or an employee of an independent contractor
2     working on behalf of a telephone or telecommunications
3     cooperative.
4     For the purpose of paragraph (14) of subsection (b) of this
5 Section, a physically handicapped person is a person who
6 suffers from a permanent and disabling physical
7 characteristic, resulting from disease, injury, functional
8 disorder or congenital condition.
9     (c) A person who administers to an individual or causes him
10 to take, without his consent or by threat or deception, and for
11 other than medical purposes, any intoxicating, poisonous,
12 stupefying, narcotic, anesthetic, or controlled substance
13 commits aggravated battery.
14     (d) A person who knowingly gives to another person any food
15 that contains any substance or object that is intended to cause
16 physical injury if eaten, commits aggravated battery.
17     (d-3) A person commits aggravated battery when he or she
18 knowingly and without lawful justification shines or flashes a
19 laser gunsight or other laser device that is attached or
20 affixed to a firearm, or used in concert with a firearm, so
21 that the laser beam strikes upon or against the person of
22 another.
23     (d-5) An inmate of a penal institution or a sexually
24 dangerous person or a sexually violent person in the custody of
25 the Department of Human Services who causes or attempts to
26 cause a correctional employee of the penal institution or an
27 employee of the Department of Human Services to come into
28 contact with blood, seminal fluid, urine, or feces, by
29 throwing, tossing, or expelling that fluid or material commits
30 aggravated battery. For purposes of this subsection (d-5),
31 "correctional employee" means a person who is employed by a
32 penal institution.
33     (e) Sentence.
34         (1) Except as otherwise provided in paragraphs (2) and
35     (3), aggravated battery is a Class 3 felony.
36         (2) Aggravated battery that does not cause great bodily

 

 

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1     harm or permanent disability or disfigurement is a Class 2
2     felony when the person knows the individual harmed to be a
3     peace officer, a community policing volunteer, a
4     correctional institution employee, an employee of the
5     Department of Human Services supervising or controlling
6     sexually dangerous persons or sexually violent persons, or
7     a fireman while such officer, volunteer, employee, or
8     fireman is engaged in the execution of any official duties
9     including arrest or attempted arrest, or to prevent the
10     officer, volunteer, employee, or fireman from performing
11     official duties, or in retaliation for the officer,
12     volunteer, employee, or fireman performing official
13     duties, and the battery is committed other than by the
14     discharge of a firearm.
15         (3) Aggravated battery that causes great bodily harm or
16     permanent disability or disfigurement in violation of
17     subsection (a) is a Class 1 felony when the person knows
18     the individual harmed to be a peace officer, a community
19     policing volunteer, a correctional institution employee,
20     an employee of the Department of Human Services supervising
21     or controlling sexually dangerous persons or sexually
22     violent persons, or a fireman while such officer,
23     volunteer, employee, or fireman is engaged in the execution
24     of any official duties including arrest or attempted
25     arrest, or to prevent the officer, volunteer, employee, or
26     fireman from performing official duties, or in retaliation
27     for the officer, volunteer, employee, or fireman
28     performing official duties, and the battery is committed
29     other than by the discharge of a firearm.
30 (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327,
31 eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05;
32 94-482, eff. 1-1-06; revised 8-19-05.)