Illinois General Assembly - Full Text of SB0211
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Full Text of SB0211  96th General Assembly

SB0211enr 96TH GENERAL ASSEMBLY



 


 
SB0211 Enrolled LRB096 06580 RLC 16664 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, an air rifle as defined in
11     the Air Rifle Act, or any device manufactured and designed
12     to be substantially similar in appearance to a firearm,
13     other than by discharging a firearm in the direction of
14     another person, a peace officer, a person summoned or
15     directed by a peace officer, a correctional officer, a
16     private security officer, or a fireman or in the direction
17     of a vehicle occupied by another person, a peace officer, a
18     person summoned or directed by a peace officer, a
19     correctional officer, a private security officer, or a
20     fireman while the officer or fireman is engaged in the
21     execution of any of his official duties, or to prevent the
22     officer or fireman from performing his official duties, or
23     in retaliation for the officer or fireman performing his

 

 

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1     official duties;
2         (2) Is hooded, robed or masked in such manner as to
3     conceal his identity or any device manufactured and
4     designed to be substantially similar in appearance to a
5     firearm;
6         (3) Knows the individual assaulted to be a teacher or
7     other person employed in any school and such teacher or
8     other employee is upon the grounds of a school or grounds
9     adjacent thereto, or is in any part of a building used for
10     school purposes;
11         (4) Knows the individual assaulted to be a supervisor,
12     director, instructor or other person employed in any park
13     district and such supervisor, director, instructor or
14     other employee is upon the grounds of the park or grounds
15     adjacent thereto, or is in any part of a building used for
16     park purposes;
17         (5) Knows the individual assaulted to be a caseworker,
18     investigator, or other person employed by the Department of
19     Healthcare and Family Services (formerly State Department
20     of Public Aid), a County Department of Public Aid, or the
21     Department of Human Services (acting as successor to the
22     Illinois Department of Public Aid under the Department of
23     Human Services Act) and such caseworker, investigator, or
24     other person is upon the grounds of a public aid office or
25     grounds adjacent thereto, or is in any part of a building
26     used for public aid purposes, or upon the grounds of a home

 

 

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

 

 

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1     retaliation for the emergency medical technician -
2     ambulance, emergency medical technician - intermediate,
3     emergency medical technician - paramedic, ambulance
4     driver, or other medical assistance or first aid personnel
5     performing his official duties;
6         (8) Knows the individual assaulted to be the driver,
7     operator, employee or passenger of any transportation
8     facility or system engaged in the business of
9     transportation of the public for hire and the individual
10     assaulted is then performing in such capacity or then using
11     such public transportation as a passenger or using any area
12     of any description designated by the transportation
13     facility or system as a vehicle boarding, departure, or
14     transfer location;
15         (9) Or the individual assaulted is on or about a public
16     way, public property, or public place of accommodation or
17     amusement;
18         (9.5) Is, or the individual assaulted is, in or about a
19     publicly or privately owned sports or entertainment arena,
20     stadium, community or convention hall, special event
21     center, amusement facility, or a special event center in a
22     public park during any 24-hour period when a professional
23     sporting 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

 

 

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1     place in this venue;
2         (10) Knows the individual assaulted to be an employee
3     of the State of Illinois, a municipal corporation therein
4     or a political subdivision thereof, engaged in the
5     performance of his authorized duties as such employee;
6         (11) Knowingly and without legal justification,
7     commits an assault on a physically handicapped person;
8         (12) Knowingly and without legal justification,
9     commits an assault on a person 60 years of age or older;
10         (13) Discharges a firearm, other than from a motor
11     vehicle;
12         (13.5) Discharges a firearm from a motor vehicle;
13         (14) Knows the individual assaulted to be a
14     correctional officer, while the officer is engaged in the
15     execution of any of his or her official duties, or to
16     prevent the officer from performing his or her official
17     duties, or in retaliation for the officer performing his or
18     her official duties;
19         (15) Knows the individual assaulted to be a
20     correctional employee or an employee of the Department of
21     Human Services supervising or controlling sexually
22     dangerous persons or sexually violent persons, while the
23     employee is engaged in the execution of any of his or her
24     official duties, or to prevent the employee from performing
25     his or her official duties, or in retaliation for the
26     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, or a person who is
6     employed by a municipality and whose duties include traffic
7     control, engaged in the performance of his or her official
8     duties as such employee;
9         (17) Knows the individual assaulted to be a sports
10     official or coach at any level of competition and the act
11     causing the assault to the sports official or coach
12     occurred within an athletic facility or an indoor or
13     outdoor playing field or within the immediate vicinity of
14     the athletic facility or an indoor or outdoor playing field
15     at which the sports official or coach was an active
16     participant in the athletic contest held at the athletic
17     facility. For the purposes of this paragraph (17), "sports
18     official" means a person at an athletic contest who
19     enforces the rules of the contest, such as an umpire or
20     referee; and "coach" means a person recognized as a coach
21     by the sanctioning authority that conducted the athletic
22     contest;
23         (18) Knows the individual assaulted to be an emergency
24     management worker, while the emergency management worker
25     is engaged in the execution of any of his or her official
26     duties, or to prevent the emergency management worker from

 

 

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1     performing his or her official duties, or in retaliation
2     for the emergency management worker performing his or her
3     official duties, and the assault is committed other than by
4     the discharge of a firearm in the direction of the
5     emergency management worker or in the direction of a
6     vehicle occupied by the emergency management worker; or
7         (19) Knows the individual assaulted to be a utility
8     worker, while the utility worker is engaged in the
9     execution of his or her duties, or to prevent the utility
10     worker from performing his or her duties, or in retaliation
11     for the utility worker performing his or her duties. In
12     this paragraph (19), "utility worker" means a person
13     employed by a public utility as defined in Section 3-105 of
14     the Public Utilities Act and also includes an employee of a
15     municipally owned utility, an employee of a cable
16     television company, an employee of an electric cooperative
17     as defined in Section 3-119 of the Public Utilities Act, an
18     independent contractor or an employee of an independent
19     contractor working on behalf of a cable television company,
20     public utility, municipally owned utility, or an electric
21     cooperative, or an employee of a telecommunications
22     carrier as defined in Section 13-202 of the Public
23     Utilities Act, an independent contractor or an employee of
24     an independent contractor working on behalf of a
25     telecommunications carrier, or an employee of a telephone
26     or telecommunications cooperative as defined in Section

 

 

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1     13-212 of the Public Utilities Act, or an independent
2     contractor or an employee of an independent contractor
3     working on behalf of a telephone or telecommunications
4     cooperative.
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) and (19) of subsection (a) of
14 this Section is a Class A misdemeanor. Aggravated assault as
15 defined in paragraphs (13), (14), and (15) of subsection (a) of
16 this Section and as defined in subsection (a-5) of this Section
17 is a Class 4 felony. Aggravated assault as defined in
18 paragraphs (6), (7), (16), and (18) of subsection (a) of this
19 Section is a Class A misdemeanor if a firearm is not used in
20 the commission of the assault. Aggravated assault as defined in
21 paragraphs (6), (7), (16), and (18) of subsection (a) of this
22 Section is a Class 4 felony if a firearm is used in the
23 commission of the assault. Aggravated assault as defined in
24 paragraph (13.5) of subsection (a) is a Class 3 felony.
25     (c) For the purposes of paragraphs (1) and (6) of
26 subsection (a), "private security officer" means a registered

 

 

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1 employee of a private security contractor agency under the
2 Private Detective, Private Alarm, Private Security,
3 Fingerprint Vendor, and Locksmith Act of 2004.
4 (Source: P.A. 94-243, eff. 1-1-06; 94-482, eff. 1-1-06; 95-236,
5 eff. 1-1-08; 95-292, eff. 8-20-07; 95-331, eff. 8-21-07;
6 95-429, eff. 1-1-08; 95-591, eff. 9-10-07; 95-876, eff.
7 8-21-08.)
 
8     (720 ILCS 5/12-4)  (from Ch. 38, par. 12-4)
9     Sec. 12-4. Aggravated Battery.
10     (a) A person who, in committing a battery, intentionally or
11 knowingly causes great bodily harm, or permanent disability or
12 disfigurement commits aggravated battery.
13     (b) In committing a battery, a person commits aggravated
14 battery if he or she:
15         (1) Uses a deadly weapon other than by the discharge of
16     a firearm, or uses an air rifle as defined in the Air Rifle
17     Act;
18         (2) Is hooded, robed or masked, in such manner as to
19     conceal his identity;
20         (3) Knows the individual harmed to be a teacher or
21     other person employed in any school and such teacher or
22     other employee is upon the grounds of a school or grounds
23     adjacent thereto, or is in any part of a building used for
24     school purposes;
25         (4) (Blank);

 

 

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1         (5) (Blank);
2         (6) Knows the individual harmed to be a community
3     policing volunteer while such volunteer is engaged in the
4     execution of any official duties, or to prevent the
5     volunteer from performing official duties, or in
6     retaliation for the volunteer performing official duties,
7     and the battery is committed other than by the discharge of
8     a firearm;
9         (7) Knows the individual harmed to be an emergency
10     medical technician - ambulance, emergency medical
11     technician - intermediate, emergency medical technician -
12     paramedic, ambulance driver, other medical assistance,
13     first aid personnel, or hospital personnel engaged in the
14     performance of any of his or her official duties, or to
15     prevent the emergency medical technician - ambulance,
16     emergency medical technician - intermediate, emergency
17     medical technician - paramedic, ambulance driver, other
18     medical assistance, first aid personnel, or hospital
19     personnel from performing official duties, or in
20     retaliation for performing official duties;
21         (8) Is, or the person battered is, on or about a public
22     way, public property or public place of accommodation or
23     amusement;
24         (8.5) Is, or the person battered is, on a publicly or
25     privately owned sports or entertainment arena, stadium,
26     community or convention hall, special event center,

 

 

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1     amusement facility, or a special event center in a public
2     park during any 24-hour period when a professional sporting
3     event, National Collegiate Athletic Association
4     (NCAA)-sanctioned sporting event, United States Olympic
5     Committee-sanctioned sporting event, or International
6     Olympic Committee-sanctioned sporting event is taking
7     place in this venue;
8         (9) Knows the individual harmed to be the driver,
9     operator, employee or passenger of any transportation
10     facility or system engaged in the business of
11     transportation of the public for hire and the individual
12     assaulted is then performing in such capacity or then using
13     such public transportation as a passenger or using any area
14     of any description designated by the transportation
15     facility or system as a vehicle boarding, departure, or
16     transfer location;
17         (10) Knows the individual harmed to be an individual of
18     60 years of age or older;
19         (11) Knows the individual harmed is pregnant;
20         (12) Knows the individual harmed to be a judge whom the
21     person intended to harm as a result of the judge's
22     performance of his or her official duties as a judge;
23         (13) (Blank);
24         (14) Knows the individual harmed to be a person who is
25     physically handicapped;
26         (15) Knowingly and without legal justification and by

 

 

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1     any means causes bodily harm to a merchant who detains the
2     person for an alleged commission of retail theft under
3     Section 16A-5 of this Code. In this item (15), "merchant"
4     has the meaning ascribed to it in Section 16A-2.4 of this
5     Code;
6         (16) Is, or the person battered is, in any building or
7     other structure used to provide shelter or other services
8     to victims or to the dependent children of victims of
9     domestic violence pursuant to the Illinois Domestic
10     Violence Act of 1986 or the Domestic Violence Shelters Act,
11     or the person battered is within 500 feet of such a
12     building or other structure while going to or from such a
13     building or other structure. "Domestic violence" has the
14     meaning ascribed to it in Section 103 of the Illinois
15     Domestic Violence Act of 1986. "Building or other structure
16     used to provide shelter" has the meaning ascribed to
17     "shelter" in Section 1 of the Domestic Violence Shelters
18     Act;
19         (17) (Blank);
20         (18) Knows the individual harmed to be an officer or
21     employee of the State of Illinois, a unit of local
22     government, or school district engaged in the performance
23     of his or her authorized duties as such officer or
24     employee;
25         (19) Knows the individual harmed to be an emergency
26     management worker engaged in the performance of any of his

 

 

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1     or her official duties, or to prevent the emergency
2     management worker from performing official duties, or in
3     retaliation for the emergency management worker performing
4     official duties;
5         (20) Knows the individual harmed to be a private
6     security officer engaged in the performance of any of his
7     or her official duties, or to prevent the private security
8     officer from performing official duties, or in retaliation
9     for the private security officer performing official
10     duties; or
11         (21) Knows the individual harmed to be a taxi driver
12     and the battery is committed while the taxi driver is on
13     duty; or
14         (22) Knows the individual harmed to be a utility
15     worker, while the utility worker is engaged in the
16     execution of his or her duties, or to prevent the utility
17     worker from performing his or her duties, or in retaliation
18     for the utility worker performing his or her duties. In
19     this paragraph (22), "utility worker" means a person
20     employed by a public utility as defined in Section 3-105 of
21     the Public Utilities Act and also includes an employee of a
22     municipally owned utility, an employee of a cable
23     television company, an employee of an electric cooperative
24     as defined in Section 3-119 of the Public Utilities Act, an
25     independent contractor or an employee of an independent
26     contractor working on behalf of a cable television company,

 

 

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1     public utility, municipally owned utility, or an electric
2     cooperative, or an employee of a telecommunications
3     carrier as defined in Section 13-202 of the Public
4     Utilities Act, an independent contractor or an employee of
5     an independent contractor working on behalf of a
6     telecommunications carrier, or an employee of a telephone
7     or telecommunications cooperative as defined in Section
8     13-212 of the Public Utilities Act, or an independent
9     contractor or an employee of an independent contractor
10     working on behalf of a telephone or telecommunications
11     cooperative.
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     For the purpose of paragraph (20) of subsection (b) and
18 subsection (e) of this Section, "private security officer"
19 means a registered employee of a private security contractor
20 agency under the Private Detective, Private Alarm, Private
21 Security, Fingerprint Vendor, and Locksmith Act of 2004.
22     (c) A person who administers to an individual or causes him
23 to take, without his consent or by threat or deception, and for
24 other than medical purposes, any intoxicating, poisonous,
25 stupefying, narcotic, anesthetic, or controlled substance
26 commits aggravated battery.

 

 

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1     (d) A person who knowingly gives to another person any food
2 that contains any substance or object that is intended to cause
3 physical injury if eaten, commits aggravated battery.
4     (d-3) A person commits aggravated battery when he or she
5 knowingly and without lawful justification shines or flashes a
6 laser gunsight or other laser device that is attached or
7 affixed to a firearm, or used in concert with a firearm, so
8 that the laser beam strikes upon or against the person of
9 another.
10     (d-5) An inmate of a penal institution or a sexually
11 dangerous person or a sexually violent person in the custody of
12 the Department of Human Services who causes or attempts to
13 cause a correctional employee of the penal institution or an
14 employee of the Department of Human Services to come into
15 contact with blood, seminal fluid, urine, or feces, by
16 throwing, tossing, or expelling that fluid or material commits
17 aggravated battery. For purposes of this subsection (d-5),
18 "correctional employee" means a person who is employed by a
19 penal institution.
20     (e) Sentence.
21         (1) Except as otherwise provided in paragraphs (2),
22     (3), and (4) aggravated battery is a Class 3 felony.
23         (2) Aggravated battery that does not cause great bodily
24     harm or permanent disability or disfigurement is a Class 2
25     felony when the person knows the individual harmed to be a
26     peace officer, a community policing volunteer, a private

 

 

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1     security officer, a correctional institution employee, an
2     employee of the Department of Human Services supervising or
3     controlling sexually dangerous persons or sexually violent
4     persons, or a fireman while such officer, volunteer,
5     employee, or fireman is engaged in the execution of any
6     official duties including arrest or attempted arrest, or to
7     prevent the officer, volunteer, employee, or fireman from
8     performing official duties, or in retaliation for the
9     officer, volunteer, employee, or fireman performing
10     official duties, and the battery is committed other than by
11     the discharge of a firearm.
12         (3) Aggravated battery that causes great bodily harm or
13     permanent disability or disfigurement in violation of
14     subsection (a) is a Class 1 felony when the person knows
15     the individual harmed to be a peace officer, a community
16     policing volunteer, a private security officer, a
17     correctional institution employee, an employee of the
18     Department of Human Services supervising or controlling
19     sexually dangerous persons or sexually violent persons, or
20     a fireman while such officer, volunteer, employee, or
21     fireman is engaged in the execution of any official duties
22     including arrest or attempted arrest, or to prevent the
23     officer, volunteer, employee, or fireman from performing
24     official duties, or in retaliation for the officer,
25     volunteer, employee, or fireman performing official
26     duties, and the battery is committed other than by the

 

 

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1     discharge of a firearm.
2         (4) Aggravated battery under subsection (d-5) is a
3     Class 2 felony.
4         (5) For purposes of this subsection (e), the term
5     "firearm" shall have the meaning provided under Section 1.1
6     of the Firearms Owners Identification Card Act, and shall
7     not include an air rifle as defined by Section 1 of the Air
8     Rifle Act.
9 (Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333,
10 eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06;
11 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07;
12 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, eff.
13 8-21-08.)
 
14     Section 10. The Air Rifle Act is amended by changing
15 Section 7 as follows:
 
16     (720 ILCS 535/7)  (from Ch. 38, par. 82-7)
17     Sec. 7. Sentence.
18     Any dealer violating any provision of Section 2 of this Act
19 commits a petty offense.
20     Any person violating any other provision of this Act
21 commits a petty offense and shall pay a fine not to exceed $50.
22 (Source: P.A. 77-2815.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.