Illinois General Assembly - Full Text of HB0792
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Full Text of HB0792  102nd General Assembly

HB0792 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0792

 

Introduced 2/10/2021, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4

    Amends the Criminal Code of 2012. Provides that a person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she knows the individual battered to be a health care worker (rather than a nurse) while in the performance of his or her duties as a health care worker (rather than a nurse). Defines "health care worker".


LRB102 04203 RLC 14220 b

 

 

A BILL FOR

 

HB0792LRB102 04203 RLC 14220 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 12-3.05 as follows:
 
6    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
7    Sec. 12-3.05. Aggravated battery.
8    (a) Offense based on injury. A person commits aggravated
9battery when, in committing a battery, other than by the
10discharge of a firearm, he or she knowingly does any of the
11following:
12        (1) Causes great bodily harm or permanent disability
13    or disfigurement.
14        (2) Causes severe and permanent disability, great
15    bodily harm, or disfigurement by means of a caustic or
16    flammable substance, a poisonous gas, a deadly biological
17    or chemical contaminant or agent, a radioactive substance,
18    or a bomb or explosive compound.
19        (3) Causes great bodily harm or permanent disability
20    or disfigurement to an individual whom the person knows to
21    be a peace officer, community policing volunteer, fireman,
22    private security officer, correctional institution
23    employee, or Department of Human Services employee

 

 

HB0792- 2 -LRB102 04203 RLC 14220 b

1    supervising or controlling sexually dangerous persons or
2    sexually violent persons:
3            (i) performing his or her official duties;
4            (ii) battered to prevent performance of his or her
5        official duties; or
6            (iii) battered in retaliation for performing his
7        or her official duties.
8        (4) Causes great bodily harm or permanent disability
9    or disfigurement to an individual 60 years of age or
10    older.
11        (5) Strangles another individual.
12    (b) Offense based on injury to a child or person with an
13intellectual disability. A person who is at least 18 years of
14age commits aggravated battery when, in committing a battery,
15he or she knowingly and without legal justification by any
16means:
17        (1) causes great bodily harm or permanent disability
18    or disfigurement to any child under the age of 13 years, or
19    to any person with a severe or profound intellectual
20    disability; or
21        (2) causes bodily harm or disability or disfigurement
22    to any child under the age of 13 years or to any person
23    with a severe or profound intellectual disability.
24    (c) Offense based on location of conduct. A person commits
25aggravated battery when, in committing a battery, other than
26by the discharge of a firearm, he or she is or the person

 

 

HB0792- 3 -LRB102 04203 RLC 14220 b

1battered is on or about a public way, public property, a public
2place of accommodation or amusement, a sports venue, or a
3domestic violence shelter, or in a church, synagogue, mosque,
4or other building, structure, or place used for religious
5worship.
6    (d) Offense based on status of victim. A person commits
7aggravated battery when, in committing a battery, other than
8by discharge of a firearm, he or she knows the individual
9battered to be any of the following:
10        (1) A person 60 years of age or older.
11        (2) A person who is pregnant or has a physical
12    disability.
13        (3) A teacher or school employee upon school grounds
14    or grounds adjacent to a school or in any part of a
15    building used for school purposes.
16        (4) A peace officer, community policing volunteer,
17    fireman, private security officer, correctional
18    institution employee, or Department of Human Services
19    employee supervising or controlling sexually dangerous
20    persons or sexually violent persons:
21            (i) performing his or her official duties;
22            (ii) battered to prevent performance of his or her
23        official duties; or
24            (iii) battered in retaliation for performing his
25        or her official duties.
26        (5) A judge, emergency management worker, emergency

 

 

HB0792- 4 -LRB102 04203 RLC 14220 b

1    medical services personnel, or utility worker:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her
4        official duties; or
5            (iii) battered in retaliation for performing his
6        or her official duties.
7        (6) An officer or employee of the State of Illinois, a
8    unit of local government, or a school district, while
9    performing his or her official duties.
10        (7) A transit employee performing his or her official
11    duties, or a transit passenger.
12        (8) A taxi driver on duty.
13        (9) A merchant who detains the person for an alleged
14    commission of retail theft under Section 16-26 of this
15    Code and the person without legal justification by any
16    means causes bodily harm to the merchant.
17        (10) A person authorized to serve process under
18    Section 2-202 of the Code of Civil Procedure or a special
19    process server appointed by the circuit court while that
20    individual is in the performance of his or her duties as a
21    process server.
22        (11) A health care worker nurse while in the
23    performance of his or her duties as a health care worker
24    nurse.
25        (12) A merchant: (i) while performing his or her
26    duties, including, but not limited to, relaying directions

 

 

HB0792- 5 -LRB102 04203 RLC 14220 b

1    for healthcare or safety from his or her supervisor or
2    employer or relaying health or safety guidelines,
3    recommendations, regulations, or rules from a federal,
4    State, or local public health agency; and (ii) during a
5    disaster declared by the Governor, or a state of emergency
6    declared by the mayor of the municipality in which the
7    merchant is located, due to a public health emergency and
8    for a period of 6 months after such declaration.
9    (e) Offense based on use of a firearm. A person commits
10aggravated battery when, in committing a battery, he or she
11knowingly does any of the following:
12        (1) Discharges a firearm, other than a machine gun or
13    a firearm equipped with a silencer, and causes any injury
14    to another person.
15        (2) Discharges a firearm, other than a machine gun or
16    a firearm equipped with a silencer, and causes any injury
17    to a person he or she knows to be a peace officer,
18    community policing volunteer, person summoned by a police
19    officer, fireman, private security officer, correctional
20    institution employee, or emergency management worker:
21            (i) performing his or her official duties;
22            (ii) battered to prevent performance of his or her
23        official duties; or
24            (iii) battered in retaliation for performing his
25        or her official duties.
26        (3) Discharges a firearm, other than a machine gun or

 

 

HB0792- 6 -LRB102 04203 RLC 14220 b

1    a firearm equipped with a silencer, and causes any injury
2    to a person he or she knows to be emergency medical
3    services personnel:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (4) Discharges a firearm and causes any injury to a
10    person he or she knows to be a teacher, a student in a
11    school, or a school employee, and the teacher, student, or
12    employee is upon school grounds or grounds adjacent to a
13    school or in any part of a building used for school
14    purposes.
15        (5) Discharges a machine gun or a firearm equipped
16    with a silencer, and causes any injury to another person.
17        (6) Discharges a machine gun or a firearm equipped
18    with a silencer, and causes any injury to a person he or
19    she knows to be a peace officer, community policing
20    volunteer, person summoned by a police officer, fireman,
21    private security officer, correctional institution
22    employee or emergency management worker:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or
26            (iii) battered in retaliation for performing his

 

 

HB0792- 7 -LRB102 04203 RLC 14220 b

1        or her official duties.
2        (7) Discharges a machine gun or a firearm equipped
3    with a silencer, and causes any injury to a person he or
4    she knows to be emergency medical services personnel:
5            (i) performing his or her official duties;
6            (ii) battered to prevent performance of his or her
7        official duties; or
8            (iii) battered in retaliation for performing his
9        or her official duties.
10        (8) Discharges a machine gun or a firearm equipped
11    with a silencer, and causes any injury to a person he or
12    she knows to be a teacher, or a student in a school, or a
13    school employee, and the teacher, student, or employee is
14    upon school grounds or grounds adjacent to a school or in
15    any part of a building used for school purposes.
16    (f) Offense based on use of a weapon or device. A person
17commits aggravated battery when, in committing a battery, he
18or she does any of the following:
19        (1) Uses a deadly weapon other than by discharge of a
20    firearm, or uses an air rifle as defined in Section
21    24.8-0.1 of this Code.
22        (2) Wears a hood, robe, or mask to conceal his or her
23    identity.
24        (3) Knowingly and without lawful justification shines
25    or flashes a laser gunsight or other laser device attached
26    to a firearm, or used in concert with a firearm, so that

 

 

HB0792- 8 -LRB102 04203 RLC 14220 b

1    the laser beam strikes upon or against the person of
2    another.
3        (4) Knowingly video or audio records the offense with
4    the intent to disseminate the recording.
5    (g) Offense based on certain conduct. A person commits
6aggravated battery when, other than by discharge of a firearm,
7he or she does any of the following:
8        (1) Violates Section 401 of the Illinois Controlled
9    Substances Act by unlawfully delivering a controlled
10    substance to another and any user experiences great bodily
11    harm or permanent disability as a result of the injection,
12    inhalation, or ingestion of any amount of the controlled
13    substance.
14        (2) Knowingly administers to an individual or causes
15    him or her to take, without his or her consent or by threat
16    or deception, and for other than medical purposes, any
17    intoxicating, poisonous, stupefying, narcotic,
18    anesthetic, or controlled substance, or gives to another
19    person any food containing any substance or object
20    intended to cause physical injury if eaten.
21        (3) Knowingly causes or attempts to cause a
22    correctional institution employee or Department of Human
23    Services employee to come into contact with blood, seminal
24    fluid, urine, or feces by throwing, tossing, or expelling
25    the fluid or material, and the person is an inmate of a
26    penal institution or is a sexually dangerous person or

 

 

HB0792- 9 -LRB102 04203 RLC 14220 b

1    sexually violent person in the custody of the Department
2    of Human Services.
3    (h) Sentence. Unless otherwise provided, aggravated
4battery is a Class 3 felony.
5    Aggravated battery as defined in subdivision (a)(4),
6(d)(4), or (g)(3) is a Class 2 felony.
7    Aggravated battery as defined in subdivision (a)(3) or
8(g)(1) is a Class 1 felony.
9    Aggravated battery as defined in subdivision (a)(1) is a
10Class 1 felony when the aggravated battery was intentional and
11involved the infliction of torture, as defined in paragraph
12(14) of subsection (b) of Section 9-1 of this Code, as the
13infliction of or subjection to extreme physical pain,
14motivated by an intent to increase or prolong the pain,
15suffering, or agony of the victim.
16    Aggravated battery as defined in subdivision (a)(1) is a
17Class 2 felony when the person causes great bodily harm or
18permanent disability to an individual whom the person knows to
19be a member of a congregation engaged in prayer or other
20religious activities at a church, synagogue, mosque, or other
21building, structure, or place used for religious worship.
22    Aggravated battery under subdivision (a)(5) is a Class 1
23felony if:
24        (A) the person used or attempted to use a dangerous
25    instrument while committing the offense;
26        (B) the person caused great bodily harm or permanent

 

 

HB0792- 10 -LRB102 04203 RLC 14220 b

1    disability or disfigurement to the other person while
2    committing the offense; or
3        (C) the person has been previously convicted of a
4    violation of subdivision (a)(5) under the laws of this
5    State or laws similar to subdivision (a)(5) of any other
6    state.
7    Aggravated battery as defined in subdivision (e)(1) is a
8Class X felony.
9    Aggravated battery as defined in subdivision (a)(2) is a
10Class X felony for which a person shall be sentenced to a term
11of imprisonment of a minimum of 6 years and a maximum of 45
12years.
13    Aggravated battery as defined in subdivision (e)(5) is a
14Class X felony for which a person shall be sentenced to a term
15of imprisonment of a minimum of 12 years and a maximum of 45
16years.
17    Aggravated battery as defined in subdivision (e)(2),
18(e)(3), or (e)(4) is a Class X felony for which a person shall
19be sentenced to a term of imprisonment of a minimum of 15 years
20and a maximum of 60 years.
21    Aggravated battery as defined in subdivision (e)(6),
22(e)(7), or (e)(8) is a Class X felony for which a person shall
23be sentenced to a term of imprisonment of a minimum of 20 years
24and a maximum of 60 years.
25    Aggravated battery as defined in subdivision (b)(1) is a
26Class X felony, except that:

 

 

HB0792- 11 -LRB102 04203 RLC 14220 b

1        (1) if the person committed the offense while armed
2    with a firearm, 15 years shall be added to the term of
3    imprisonment imposed by the court;
4        (2) if, during the commission of the offense, the
5    person personally discharged a firearm, 20 years shall be
6    added to the term of imprisonment imposed by the court;
7        (3) if, during the commission of the offense, the
8    person personally discharged a firearm that proximately
9    caused great bodily harm, permanent disability, permanent
10    disfigurement, or death to another person, 25 years or up
11    to a term of natural life shall be added to the term of
12    imprisonment imposed by the court.
13    (i) Definitions. In this Section:
14    "Building or other structure used to provide shelter" has
15the meaning ascribed to "shelter" in Section 1 of the Domestic
16Violence Shelters Act.
17    "Domestic violence" has the meaning ascribed to it in
18Section 103 of the Illinois Domestic Violence Act of 1986.
19    "Domestic violence shelter" means any building or other
20structure used to provide shelter or other services to victims
21or to the dependent children of victims of domestic violence
22pursuant to the Illinois Domestic Violence Act of 1986 or the
23Domestic Violence Shelters Act, or any place within 500 feet
24of such a building or other structure in the case of a person
25who is going to or from such a building or other structure.
26    "Firearm" has the meaning provided under Section 1.1 of

 

 

HB0792- 12 -LRB102 04203 RLC 14220 b

1the Firearm Owners Identification Card Act, and does not
2include an air rifle as defined by Section 24.8-0.1 of this
3Code.
4    "Health care worker" has the meaning ascribed to it in
5Section 5 of the Health Care Violence Prevention Act.
6    "Machine gun" has the meaning ascribed to it in Section
724-1 of this Code.
8    "Merchant" has the meaning ascribed to it in Section
916-0.1 of this Code.
10    "Strangle" means intentionally impeding the normal
11breathing or circulation of the blood of an individual by
12applying pressure on the throat or neck of that individual or
13by blocking the nose or mouth of that individual.
14(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)