94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5797

 

Introduced 07/19/06, by Rep. Brent Hassert

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/2-8.5 new
720 ILCS 5/10-2   from Ch. 38, par. 10-2
720 ILCS 5/12-2   from Ch. 38, par. 12-2
720 ILCS 5/12-4   from Ch. 38, par. 12-4
720 ILCS 5/18-5
720 ILCS 5/20-1.1   from Ch. 38, par. 20-1.1

    Amends the Criminal Code of 1961. Provides that kidnaping, assault, battery, robbery, or arson committed by a gang member is enhanced to an aggravated kidnaping, aggravated assault, aggravated battery, aggravated robbery, or aggravated arson.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5797 LRB094 21047 RLC 59374 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 10-2, 12-2, 12-4, 18-5, and 20-1.1 and by adding
6 Section 2-8.5 as follows:
 
7     (720 ILCS 5/2-8.5 new)
8     Sec. 2-8.5. Gang member. "Gang member" has the meaning
9 ascribed to it in Section 10 of the Illinois Streetgang
10 Terrorism Omnibus Prevention Act.
 
11     (720 ILCS 5/10-2)  (from Ch. 38, par. 10-2)
12     Sec. 10-2. Aggravated kidnaping.
13     (a) A kidnaper within the definition of paragraph (a) of
14 Section 10-1 is guilty of the offense of aggravated kidnaping
15 when he:
16         (1) Kidnaps for the purpose of obtaining ransom from
17     the person kidnaped or from any other person, or
18         (2) Takes as his victim a child under the age of 13
19     years, or a severely or profoundly mentally retarded
20     person, or
21         (3) Inflicts great bodily harm, other than by the
22     discharge of a firearm, or commits another felony upon his
23     victim, or
24         (4) Wears a hood, robe or mask or conceals his
25     identity, or
26         (5) Commits the offense of kidnaping while armed with a
27     dangerous weapon, other than a firearm, as defined in
28     Section 33A-1 of the "Criminal Code of 1961", or
29         (6) Commits the offense of kidnaping while armed with a
30     firearm, or
31         (7) During the commission of the offense of kidnaping,

 

 

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1     personally discharged a firearm, or
2         (8) During the commission of the offense of kidnaping,
3     personally discharged a firearm that proximately caused
4     great bodily harm, permanent disability, permanent
5     disfigurement, or death to another person, or
6         (9) Is a gang member.
7     As used in this Section, "ransom" includes money, benefit
8 or other valuable thing or concession.
9     (b) Sentence. Aggravated kidnaping in violation of
10 paragraph (1), (2), (3), (4), or (5), or (9) of subsection (a)
11 is a Class X felony. A violation of subsection (a)(6) is a
12 Class X felony for which 15 years shall be added to the term of
13 imprisonment imposed by the court. A violation of subsection
14 (a)(7) is a Class X felony for which 20 years shall be added to
15 the term of imprisonment imposed by the court. A violation of
16 subsection (a)(8) is a Class X felony for which 25 years or up
17 to a term of natural life shall be added to the term of
18 imprisonment imposed by the court.
19     A person who is convicted of a second or subsequent offense
20 of aggravated kidnaping shall be sentenced to a term of natural
21 life imprisonment; provided, however, that a sentence of
22 natural life imprisonment shall not be imposed under this
23 Section unless the second or subsequent offense was committed
24 after conviction on the first offense.
25 (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02.)
 
26     (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
27     Sec. 12-2. Aggravated assault.
28     (a) A person commits an aggravated assault, when, in
29 committing an assault, he:
30         (1) Uses a deadly weapon or any device manufactured and
31     designed to be substantially similar in appearance to a
32     firearm, other than by discharging a firearm in the
33     direction of another person, a peace officer, a person
34     summoned or directed by a peace officer, a correctional
35     officer or a fireman or in the direction of a vehicle

 

 

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1     occupied by another person, a peace officer, a person
2     summoned or directed by a peace officer, a correctional
3     officer or a fireman while the officer or fireman is
4     engaged in the execution of any of his official duties, or
5     to prevent the officer or fireman from performing his
6     official duties, or in retaliation for the officer or
7     fireman performing his official duties;
8         (2) Is hooded, robed or masked in such manner as to
9     conceal his identity or any device manufactured and
10     designed to be substantially similar in appearance to a
11     firearm;
12         (3) Knows the individual assaulted to be a teacher or
13     other person employed in any school and such teacher or
14     other employee is upon the grounds of a school or grounds
15     adjacent thereto, or is in any part of a building used for
16     school purposes;
17         (4) Knows the individual assaulted to be a supervisor,
18     director, instructor or other person employed in any park
19     district and such supervisor, director, instructor or
20     other employee is upon the grounds of the park or grounds
21     adjacent thereto, or is in any part of a building used for
22     park purposes;
23         (5) Knows the individual assaulted to be a caseworker,
24     investigator, or other person employed by the Department of
25     Healthcare and Family Services (formerly State Department
26     of Public Aid), a County Department of Public Aid, or the
27     Department of Human Services (acting as successor to the
28     Illinois Department of Public Aid under the Department of
29     Human Services Act) and such caseworker, investigator, or
30     other person is upon the grounds of a public aid office or
31     grounds adjacent thereto, or is in any part of a building
32     used for public aid purposes, or upon the grounds of a home
33     of a public aid applicant, recipient or any other person
34     being interviewed or investigated in the employees'
35     discharge of his duties, or on grounds adjacent thereto, or
36     is in any part of a building in which the applicant,

 

 

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1     recipient, or other such person resides or is located;
2         (6) Knows the individual assaulted to be a peace
3     officer, or a community policing volunteer, or a fireman
4     while the officer or fireman is engaged in the execution of
5     any of his official duties, or to prevent the officer,
6     community policing volunteer, or fireman from performing
7     his official duties, or in retaliation for the officer,
8     community policing volunteer, or fireman performing his
9     official duties, and the assault is committed other than by
10     the discharge of a firearm in the direction of the officer
11     or fireman or in the direction of a vehicle occupied by the
12     officer or fireman;
13         (7) Knows the individual assaulted to be an emergency
14     medical technician - ambulance, emergency medical
15     technician - intermediate, emergency medical technician -
16     paramedic, ambulance driver or other medical assistance or
17     first aid personnel engaged in the execution of any of his
18     official duties, or to prevent the emergency medical
19     technician - ambulance, emergency medical technician -
20     intermediate, emergency medical technician - paramedic,
21     ambulance driver, or other medical assistance or first aid
22     personnel from performing his official duties, or in
23     retaliation for the emergency medical technician -
24     ambulance, emergency medical technician - intermediate,
25     emergency medical technician - paramedic, ambulance
26     driver, or other medical assistance or first aid personnel
27     performing his official duties;
28         (8) Knows the individual assaulted 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;

 

 

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1         (9) Or the individual assaulted is on or about a public
2     way, public property, or public place of accommodation or
3     amusement;
4         (9.5) Is, or the individual assaulted is, in or about a
5     publicly or privately owned sports or entertainment arena,
6     stadium, community or convention hall, special event
7     center, amusement facility, or a special event center in a
8     public park during any 24-hour period when a professional
9     sporting event, National Collegiate Athletic Association
10     (NCAA)-sanctioned sporting event, United States Olympic
11     Committee-sanctioned sporting event, or International
12     Olympic Committee-sanctioned sporting event is taking
13     place in this venue;
14         (10) Knows the individual assaulted to be an employee
15     of the State of Illinois, a municipal corporation therein
16     or a political subdivision thereof, engaged in the
17     performance of his authorized duties as such employee;
18         (11) Knowingly and without legal justification,
19     commits an assault on a physically handicapped person;
20         (12) Knowingly and without legal justification,
21     commits an assault on a person 60 years of age or older;
22         (13) Discharges a firearm;
23         (14) Knows the individual assaulted to be a
24     correctional officer, while the officer is engaged in the
25     execution of any of his or her official duties, or to
26     prevent the officer from performing his or her official
27     duties, or in retaliation for the officer performing his or
28     her official duties;
29         (15) Knows the individual assaulted to be a
30     correctional employee or an employee of the Department of
31     Human Services supervising or controlling sexually
32     dangerous persons or sexually violent persons, while the
33     employee is engaged in the execution of any of his or her
34     official duties, or to prevent the employee from performing
35     his or her official duties, or in retaliation for the
36     employee performing his or her official duties, and the

 

 

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1     assault is committed other than by the discharge of a
2     firearm in the direction of the employee or in the
3     direction of a vehicle occupied by the employee;
4         (16) Knows the individual assaulted to be an employee
5     of a police or sheriff's department engaged in the
6     performance of his or her official duties as such employee;
7     or
8         (17) Knows the individual assaulted to be a sports
9     official or coach at any level of competition and the act
10     causing the assault to the sports official or coach
11     occurred within an athletic facility or an indoor or
12     outdoor playing field or within the immediate vicinity of
13     the athletic facility or an indoor or outdoor playing field
14     at which the sports official or coach was an active
15     participant in the athletic contest held at the athletic
16     facility. For the purposes of this paragraph (17), "sports
17     official" means a person at an athletic contest who
18     enforces the rules of the contest, such as an umpire or
19     referee; and "coach" means a person recognized as a coach
20     by the sanctioning authority that conducted the athletic
21     contest; or .
22         (18) Knows the individual assaulted to be an emergency
23     management worker, while the emergency management worker
24     is engaged in the execution of any of his or her official
25     duties, or to prevent the emergency management worker from
26     performing his or her official duties, or in retaliation
27     for the emergency management worker performing his or her
28     official duties, and the assault is committed other than by
29     the discharge of a firearm in the direction of the
30     emergency management worker or in the direction of a
31     vehicle occupied by the emergency management worker.
32     (a-5) A person commits an aggravated assault when he or she
33 knowingly and without lawful justification shines or flashes a
34 laser gunsight or other laser device that is attached or
35 affixed to a firearm, or used in concert with a firearm, so
36 that the laser beam strikes near or in the immediate vicinity

 

 

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

 

 

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

 

 

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

 

 

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1         (18) Knows the individual harmed to be an officer or
2     employee of the State of Illinois, a unit of local
3     government, or school district engaged in the performance
4     of his or her authorized duties as such officer or
5     employee; or .
6         (19) (18) Knows the individual harmed to be an
7     emergency management worker engaged in the performance of
8     any of his or her official duties, or to prevent the
9     emergency management worker from performing official
10     duties, or in retaliation for the emergency management
11     worker performing official duties.
12     For the purpose of paragraph (14) of subsection (b) of this
13 Section, a physically handicapped person is a person who
14 suffers from a permanent and disabling physical
15 characteristic, resulting from disease, injury, functional
16 disorder or congenital condition.
17     (c) A person who administers to an individual or causes him
18 to take, without his consent or by threat or deception, and for
19 other than medical purposes, any intoxicating, poisonous,
20 stupefying, narcotic, anesthetic, or controlled substance
21 commits aggravated battery.
22     (d) A person who knowingly gives to another person any food
23 that contains any substance or object that is intended to cause
24 physical injury if eaten, commits aggravated battery.
25     (d-3) A person commits aggravated battery when he or she
26 knowingly and without lawful justification shines or flashes a
27 laser gunsight or other laser device that is attached or
28 affixed to a firearm, or used in concert with a firearm, so
29 that the laser beam strikes upon or against the person of
30 another.
31     (d-5) An inmate of a penal institution or a sexually
32 dangerous person or a sexually violent person in the custody of
33 the Department of Human Services who causes or attempts to
34 cause a correctional employee of the penal institution or an
35 employee of the Department of Human Services to come into
36 contact with blood, seminal fluid, urine, or feces, by

 

 

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1 throwing, tossing, or expelling that fluid or material commits
2 aggravated battery. For purposes of this subsection (d-5),
3 "correctional employee" means a person who is employed by a
4 penal institution.
5     (d-6) A person commits aggravated battery when he or she
6 commits battery and at the time of the commission of the
7 offense was a gang member.
8     (e) Sentence.
9         (1) Except as otherwise provided in paragraphs (2) and
10     (3), aggravated battery is a Class 3 felony.
11         (2) Aggravated battery that does not cause great bodily
12     harm or permanent disability or disfigurement is a Class 2
13     felony when the person knows the individual harmed to be a
14     peace officer, a community policing volunteer, a
15     correctional institution employee, an employee of the
16     Department of Human Services supervising or controlling
17     sexually dangerous persons or sexually violent persons, or
18     a fireman while such officer, volunteer, employee, or
19     fireman is engaged in the execution of any official duties
20     including arrest or attempted arrest, or to prevent the
21     officer, volunteer, employee, or fireman from performing
22     official duties, or in retaliation for the officer,
23     volunteer, employee, or fireman performing official
24     duties, and the battery is committed other than by the
25     discharge of a firearm.
26         (3) Aggravated battery that causes great bodily harm or
27     permanent disability or disfigurement in violation of
28     subsection (a) is a Class 1 felony when the person knows
29     the individual harmed to be a peace officer, a community
30     policing volunteer, a correctional institution employee,
31     an employee of the Department of Human Services supervising
32     or controlling sexually dangerous persons or sexually
33     violent persons, or a fireman while such officer,
34     volunteer, employee, or fireman is engaged in the execution
35     of any official duties including arrest or attempted
36     arrest, or to prevent the officer, volunteer, employee, or

 

 

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1     fireman from performing official duties, or in retaliation
2     for the officer, volunteer, employee, or fireman
3     performing official duties, and the battery is committed
4     other than by the discharge of a firearm.
5 (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327,
6 eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05;
7 94-482, eff. 1-1-06; revised 8-19-05.)
 
8     (720 ILCS 5/18-5)
9     Sec. 18-5. Aggravated robbery.
10     (a) A person commits aggravated robbery when he or she
11 takes property from the person or presence of another by the
12 use of force or by threatening the imminent use of force while
13 indicating verbally or by his or her actions to the victim that
14 he or she is presently armed with a firearm or other dangerous
15 weapon, including a knife, club, ax, or bludgeon. This offense
16 shall be applicable even though it is later determined that he
17 or she had no firearm or other dangerous weapon, including a
18 knife, club, ax, or bludgeon, in his or her possession when he
19 or she committed the robbery.
20     (a-5) A person commits aggravated robbery when he or she
21 takes property from the person or presence of another by
22 delivering (by injection, inhalation, ingestion, transfer of
23 possession, or any other means) to the victim without his or
24 her consent, or by threat or deception, and for other than
25 medical purposes, any controlled substance.
26     (a-6) A person commits aggravated robbery when he or she
27 commits a robbery and at the time of the commission of the
28 offense was a gang member.
29     (b) Sentence. Aggravated robbery is a Class 1 felony.
30 (Source: P.A. 90-593, eff. 1-1-99; 90-735, eff. 8-11-98;
31 91-357, eff. 7-29-99.)
 
32     (720 ILCS 5/20-1.1)  (from Ch. 38, par. 20-1.1)
33     Sec. 20-1.1. Aggravated Arson.
34     (a) A person commits aggravated arson when in the course of

 

 

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1 committing arson he or she knowingly damages, partially or
2 totally, any building or structure, including any adjacent
3 building or structure, including all or any part of a school
4 building, house trailer, watercraft, motor vehicle, or
5 railroad car, and (1) he knows or reasonably should know that
6 one or more persons are present therein or (2) any person
7 suffers great bodily harm, or permanent disability or
8 disfigurement as a result of the fire or explosion or (3) a
9 fireman, policeman, or correctional officer who is present at
10 the scene acting in the line of duty is injured as a result of
11 the fire or explosion. For purposes of this Section, property
12 "of another" means a building or other property, whether real
13 or personal, in which a person other than the offender has an
14 interest that the offender has no authority to defeat or
15 impair, even though the offender may also have an interest in
16 the building or property; and "school building" means any
17 public or private preschool, elementary or secondary school,
18 community college, college, or university.
19     (a-5) A person commits aggravated arson when he or she
20 commits an arson and at the time of the commission of the
21 offense was a gang member.
22     (b) Sentence. Aggravated arson is a Class X felony.
23 (Source: P.A. 93-335, eff. 7-24-03; 94-127, eff. 7-7-05;
24 94-393, eff. 8-1-05.)