Full Text of HB0251 95th General Assembly
HB0251 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0251
Introduced 1/19/2007, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-2 |
from Ch. 38, par. 12-2 |
720 ILCS 5/12-4 |
from Ch. 38, par. 12-4 |
720 ILCS 5/12-4.2 |
from Ch. 38, par. 12-4.2 |
720 ILCS 5/12-4.2-5 |
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Amends the Criminal Code of 1961. Provides that an assault, battery, aggravated battery with a firearm, or aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm committed against a private security officer engaged in the execution of his or her official duties, or to prevent the
officer from performing his or her official duties, or in retaliation
for the officer performing his or her official duties, constitutes aggravated assault, aggravated battery, aggravated battery with a firearm, or aggravated battery with a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm with the same penalties as if the offense had been committed against a peace officer.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0251 |
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LRB095 02509 RLC 22511 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Sections 12-2, 12-4, 12-4.2, and 12-4.2-5 as follows:
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| (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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| Sec. 12-2. Aggravated assault.
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| (a) A person commits an aggravated assault, when, in | 9 |
| committing an
assault, he:
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| (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
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| officer , a private security officer, or a fireman or in the | 16 |
| direction of a vehicle occupied by another
person, a peace | 17 |
| officer, a person summoned or directed by a peace officer,
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| a correctional officer , a private security officer, or a | 19 |
| fireman while the officer or fireman is
engaged in the | 20 |
| execution of any of his official duties, or to prevent the
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| officer or fireman from performing his official duties, or | 22 |
| in retaliation
for the officer or fireman performing his | 23 |
| official duties;
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| (2) Is hooded, robed or masked in such manner as to | 2 |
| conceal his
identity or any device manufactured and | 3 |
| designed to be substantially
similar in appearance to a | 4 |
| firearm;
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| (3) Knows the individual assaulted to be a teacher or | 6 |
| other person
employed in any school and such teacher or | 7 |
| other employee is upon the
grounds of a school or grounds | 8 |
| adjacent thereto, or is in any part of a
building used for | 9 |
| school purposes;
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| (4) Knows the individual assaulted to be a supervisor, | 11 |
| director,
instructor or other person employed in any park | 12 |
| district and such
supervisor, director, instructor or | 13 |
| other employee is upon the grounds of
the park or grounds | 14 |
| adjacent thereto, or is in any part of a building used
for | 15 |
| park purposes;
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| (5) Knows the individual assaulted to be a caseworker, | 17 |
| investigator, or
other person employed by the Department of | 18 |
| Healthcare and Family Services (formerly State Department | 19 |
| of Public Aid ) , a
County
Department of Public Aid, or the | 20 |
| Department of Human Services (acting as
successor to the | 21 |
| Illinois Department of Public Aid under the Department of
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| Human Services Act) and such caseworker, investigator, or | 23 |
| other person
is upon the grounds of a public aid office or | 24 |
| grounds adjacent thereto, or
is in any part of a building | 25 |
| used for public aid purposes, or upon the
grounds of a home | 26 |
| of a public aid applicant, recipient or any other person
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| being interviewed or investigated in the employees' | 2 |
| discharge of his
duties, or on grounds adjacent thereto, or | 3 |
| is in any part of a building in
which the applicant, | 4 |
| recipient, or other such person resides or is located;
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| (6) Knows the individual assaulted to be a peace | 6 |
| officer, or a community
policing volunteer, a private | 7 |
| security officer, or a fireman
while the officer or fireman | 8 |
| is engaged in the execution of any of his
official duties, | 9 |
| or to prevent the officer, community policing volunteer,
or | 10 |
| fireman from performing
his official duties, or in | 11 |
| retaliation for the officer, community policing
volunteer, | 12 |
| or fireman
performing his official duties, and the assault | 13 |
| is committed other than by
the discharge of a firearm in | 14 |
| the direction of the officer or fireman or
in the direction | 15 |
| of a vehicle occupied by the officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 17 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 19 |
| paramedic, ambulance
driver or other medical
assistance or | 20 |
| first aid personnel engaged in the
execution of any of his | 21 |
| official duties, or to prevent the
emergency medical | 22 |
| technician - ambulance, emergency medical
technician - | 23 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid | 25 |
| personnel from
performing his official duties, or in | 26 |
| retaliation for the
emergency medical technician - |
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| ambulance, emergency medical
technician - intermediate, | 2 |
| emergency medical technician - paramedic,
ambulance | 3 |
| driver, or other medical assistance or first aid personnel
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| performing his official duties;
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| (8) Knows the individual assaulted to be the driver, | 6 |
| operator, employee
or passenger of any transportation | 7 |
| facility or system engaged in the
business of | 8 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 10 |
| such public
transportation as a passenger or using any area | 11 |
| of any description
designated by the transportation | 12 |
| facility or system as a vehicle boarding,
departure, or | 13 |
| transfer location;
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| (9) Or the individual assaulted is on or about a public | 15 |
| way, public
property, or public place of accommodation or | 16 |
| amusement;
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| (9.5) Is, or the individual assaulted is, in or about a | 18 |
| publicly or privately owned sports or entertainment arena, | 19 |
| stadium, community or convention hall, special event | 20 |
| center, amusement facility, or a special event center in a | 21 |
| public park during any 24-hour period when a professional | 22 |
| sporting event, National Collegiate Athletic Association | 23 |
| (NCAA)-sanctioned sporting event, United States Olympic | 24 |
| Committee-sanctioned sporting event, or International | 25 |
| Olympic Committee-sanctioned sporting event is taking | 26 |
| place in this venue;
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| (10) Knows the individual assaulted to be an employee | 2 |
| of the State of
Illinois, a municipal corporation therein | 3 |
| or a political subdivision
thereof, engaged in the | 4 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 6 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 8 |
| commits an assault on a
person 60 years of age or older;
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| (13) Discharges a firearm;
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| (14) Knows the individual assaulted to be a | 11 |
| correctional officer, while
the officer is engaged in the | 12 |
| execution of any of his or her official duties,
or to | 13 |
| prevent the officer from performing his or her official | 14 |
| duties, or in
retaliation for the officer performing his or | 15 |
| her official duties;
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| (15) Knows the individual assaulted to be a | 17 |
| correctional employee or
an employee of the Department of | 18 |
| Human Services supervising or controlling
sexually | 19 |
| dangerous persons or sexually violent persons, while
the | 20 |
| employee is engaged in the execution of any of his or her | 21 |
| official duties,
or to prevent the employee from performing | 22 |
| his or her official duties, or in
retaliation for the | 23 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 25 |
| firearm in the direction
of the employee or in the | 26 |
| direction of a vehicle occupied by the employee;
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| (16) Knows the individual assaulted to be an employee | 2 |
| of a police or
sheriff's department engaged in the | 3 |
| performance of his or her official duties
as such employee; | 4 |
| or
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| (17) Knows the individual assaulted to be a sports | 6 |
| official or coach at any level of competition and the act | 7 |
| causing the assault to the sports official or coach | 8 |
| occurred within an athletic facility or an indoor or | 9 |
| outdoor playing field or within the immediate vicinity of | 10 |
| the athletic facility or an indoor or outdoor playing field | 11 |
| at which the sports official or coach was an active | 12 |
| participant in the athletic contest held at the athletic | 13 |
| facility. For the purposes of this paragraph (17), "sports | 14 |
| official" means a person at an athletic contest who | 15 |
| enforces the rules of the contest, such as an umpire or | 16 |
| referee; and "coach" means a person recognized as a coach | 17 |
| by the sanctioning authority that conducted the athletic | 18 |
| contest ; or .
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| (18) Knows the individual assaulted to be an emergency | 20 |
| management
worker, while the emergency management worker | 21 |
| is engaged in the execution of
any of his or her official | 22 |
| duties,
or to prevent the emergency management worker from | 23 |
| performing his or her
official duties, or in retaliation | 24 |
| for the emergency management worker
performing his or her | 25 |
| official duties, and the assault is committed other than
by | 26 |
| the discharge of a firearm in the direction of the |
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| emergency management
worker or in the direction of a | 2 |
| vehicle occupied by the emergency management
worker.
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| (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.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 11 |
| and (8) through
(12) and (17) of subsection (a) of this Section | 12 |
| is a Class A misdemeanor. Aggravated
assault as defined in | 13 |
| paragraphs (13), (14), and (15) of subsection (a) of this
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| Section and as defined in subsection (a-5) of this Section is a | 15 |
| Class 4
felony. Aggravated assault as defined in paragraphs
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| (6), (7), (16), and (18) of
subsection (a) of this Section is a | 17 |
| Class A misdemeanor if a firearm is not
used in the commission | 18 |
| of the assault. Aggravated assault as defined in
paragraphs | 19 |
| (6), (7), (16), and (18) of subsection (a) of this
Section is a | 20 |
| Class 4 felony if a firearm is used in the commission of the
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| assault. | 22 |
| (c) For the purposes of paragraphs (1) and (6) of | 23 |
| subsection (a), "private security officer" means a registered | 24 |
| employee of a private security contractor agency under the | 25 |
| Private Detective, Private Alarm, Private Security, and | 26 |
| Locksmith Act of 2004.
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| (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | 2 |
| eff. 1-1-06; revised 12-15-05.)
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| (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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| Sec. 12-4. Aggravated Battery.
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| (a) A person who, in committing a battery, intentionally or | 6 |
| knowingly
causes great bodily harm, or permanent disability or | 7 |
| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated | 9 |
| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of | 11 |
| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to | 13 |
| conceal his
identity;
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| (3) Knows the individual harmed to be a teacher or | 15 |
| other person
employed in any school and such teacher or | 16 |
| other employee is upon the
grounds of a school or grounds | 17 |
| adjacent thereto, or is in any part of a
building used for | 18 |
| school purposes;
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| (4) (Blank);
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| (5) (Blank);
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| (6) Knows the individual harmed to be a community
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| policing volunteer while
such volunteer is engaged in the | 23 |
| execution of
any official duties, or to prevent the | 24 |
| volunteer from performing official duties, or in
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| retaliation for the volunteer performing official
duties, |
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| and the battery is committed other than by the discharge of | 2 |
| a firearm;
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| (7) Knows the individual harmed to be an emergency | 4 |
| medical technician -
ambulance, emergency medical | 5 |
| technician - intermediate, emergency medical
technician - | 6 |
| paramedic, ambulance driver, other medical assistance, | 7 |
| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to | 9 |
| prevent the emergency medical technician - ambulance, | 10 |
| emergency medical
technician - intermediate, emergency | 11 |
| medical technician - paramedic, ambulance
driver, other | 12 |
| medical assistance, first aid personnel, or
hospital | 13 |
| personnel from performing
official duties, or in | 14 |
| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public | 16 |
| way, public
property or public place of accommodation or | 17 |
| amusement;
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| (8.5) Is, or the person battered is, on a publicly or | 19 |
| privately owned sports or entertainment arena, stadium, | 20 |
| community or convention hall, special event center, | 21 |
| amusement facility, or a special event center in a public | 22 |
| park during any 24-hour period when a professional sporting | 23 |
| 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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| place in this venue;
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| (9) Knows the individual harmed to be the driver, | 3 |
| operator, employee
or passenger of any transportation | 4 |
| facility or system engaged in the
business of | 5 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 7 |
| such public
transportation as a passenger or using any area | 8 |
| of any description
designated by the transportation | 9 |
| facility or system as a vehicle
boarding, departure, or | 10 |
| transfer location;
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| (10) Knows the individual harmed to be an individual of | 12 |
| 60 years of age or older;
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| (11) Knows the individual harmed is pregnant;
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| (12) Knows the individual harmed to be a judge whom the
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| person intended to harm as a result of the judge's | 16 |
| performance of his or
her official duties as a judge;
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| (13) (Blank);
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| (14) Knows the individual harmed to be a person who is | 19 |
| physically
handicapped;
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| (15) Knowingly and without legal justification and by | 21 |
| any means causes
bodily harm to a merchant who detains the | 22 |
| person for an alleged commission of
retail theft under | 23 |
| Section 16A-5 of this Code.
In this item (15), "merchant" | 24 |
| has the meaning ascribed to it in Section
16A-2.4 of this | 25 |
| Code;
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| (16) Is, or the person battered is, in any building or |
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| other structure
used to provide shelter or other services | 2 |
| to victims or to the dependent
children of victims of | 3 |
| domestic violence pursuant to the Illinois Domestic
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| Violence Act of 1986 or the Domestic Violence Shelters Act, | 5 |
| or the person
battered is within 500 feet of such a | 6 |
| building or other structure while going
to or from such a | 7 |
| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois | 9 |
| Domestic Violence Act of
1986. "Building or other structure | 10 |
| used to provide shelter" has the meaning
ascribed to | 11 |
| "shelter" in Section 1 of the Domestic Violence Shelters | 12 |
| Act;
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| (17) (Blank); or
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| (18) Knows the individual harmed to be an officer or | 15 |
| employee of the State of Illinois, a unit of local | 16 |
| government, or school district engaged in the performance | 17 |
| of his or her authorized duties as such officer or | 18 |
| employee ; .
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| (19)
(18) Knows the individual harmed to be an | 20 |
| emergency management worker
engaged in the performance of | 21 |
| any of his or her official duties, or to prevent
the | 22 |
| emergency management worker from performing official | 23 |
| duties, or in
retaliation for the emergency management | 24 |
| worker performing official duties ; or . | 25 |
| (20) Knows the individual harmed to be a private | 26 |
| security officer engaged in the performance of any of his |
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LRB095 02509 RLC 22511 b |
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| or her official duties, or to prevent
the private security | 2 |
| officer from performing official duties, or in
retaliation | 3 |
| for the private security officer performing official | 4 |
| duties.
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| For the purpose of paragraph (14) of subsection (b) of this | 6 |
| Section, a
physically handicapped person is a person who | 7 |
| suffers from a permanent and
disabling physical | 8 |
| characteristic, resulting from disease, injury,
functional | 9 |
| disorder or congenital condition.
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| For the purpose of paragraph (20) of subsection (b) and | 11 |
| subsection (e) of this Section, "private security officer" | 12 |
| means a registered employee of a private security contractor | 13 |
| agency under the Private Detective, Private Alarm, Private | 14 |
| Security, and Locksmith Act of 2004.
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| (c) A person who administers to an individual or causes him | 16 |
| to take,
without his consent or by threat or deception, and for | 17 |
| other than
medical purposes, any intoxicating, poisonous, | 18 |
| stupefying, narcotic,
anesthetic, or controlled substance | 19 |
| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food | 21 |
| that
contains any substance or object that is intended to cause | 22 |
| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she | 24 |
| knowingly and
without lawful justification shines or flashes a | 25 |
| laser gunsight or other laser
device that is attached or | 26 |
| affixed to a firearm, or used in concert with a
firearm, so |
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| that the laser beam strikes upon or against the person of | 2 |
| another.
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| (d-5) An inmate of a penal institution or a sexually | 4 |
| dangerous person or a
sexually violent person in the custody of | 5 |
| the Department of Human Services
who causes or attempts to | 6 |
| cause a
correctional employee of the penal institution or an | 7 |
| employee of the
Department of Human Services to come into | 8 |
| contact with blood,
seminal fluid, urine, or feces, by | 9 |
| throwing, tossing, or expelling that fluid
or material commits | 10 |
| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a | 12 |
| penal institution.
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| (e) Sentence.
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| (1) Except as otherwise provided in paragraphs (2) and | 15 |
| (3), aggravated battery is a Class 3 felony. | 16 |
| (2) Aggravated battery that does not cause great bodily | 17 |
| harm or permanent disability or disfigurement is a Class 2 | 18 |
| felony when the person knows
the individual harmed to be a | 19 |
| peace officer, a community
policing volunteer, a private | 20 |
| security officer, a correctional institution employee, an
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| employee of the Department of Human Services supervising or
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| controlling sexually dangerous persons or sexually violent
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| persons, or a fireman while such officer, volunteer, | 24 |
| employee,
or fireman is engaged in the execution of any | 25 |
| official duties
including arrest or attempted arrest, or to | 26 |
| prevent the
officer, volunteer, employee, or fireman from |
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| performing
official duties, or in retaliation for the | 2 |
| officer, volunteer,
employee, or fireman performing | 3 |
| official duties, and the
battery is committed other than by | 4 |
| the discharge of a firearm.
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| (3) Aggravated battery that causes great bodily harm or | 6 |
| permanent disability or disfigurement in
violation of | 7 |
| subsection (a)
is a Class 1 felony when the person knows | 8 |
| the individual harmed to be a peace
officer, a community
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| policing volunteer, a private security officer, a | 10 |
| correctional institution employee, an employee
of the | 11 |
| Department of Human Services supervising or controlling | 12 |
| sexually
dangerous persons or sexually violent persons, or | 13 |
| a fireman while
such officer, volunteer, employee, or | 14 |
| fireman is engaged in the execution of
any official duties | 15 |
| including arrest or attempted arrest, or to prevent the
| 16 |
| officer, volunteer, employee, or fireman from performing | 17 |
| official duties, or in
retaliation for the officer, | 18 |
| volunteer, employee, or fireman performing official
| 19 |
| duties, and the battery is committed other than by the | 20 |
| discharge of a firearm .
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| (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, | 22 |
| eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; | 23 |
| 94-482, eff. 1-1-06; revised 8-19-05.)
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| (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2) | 25 |
| Sec. 12-4.2. Aggravated Battery with a firearm.
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LRB095 02509 RLC 22511 b |
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| (a) A person commits aggravated battery with a firearm when | 2 |
| he, in
committing a battery, knowingly or intentionally by | 3 |
| means of the discharging of
a firearm (1) causes any injury to | 4 |
| another person, or (2) causes any
injury to a person he knows | 5 |
| to be a peace officer, a private security officer, a community | 6 |
| policing
volunteer, a correctional institution employee or a | 7 |
| fireman while the
officer, volunteer, employee or fireman is | 8 |
| engaged in the execution of any
of his
official duties, or to | 9 |
| prevent the officer, volunteer, employee or fireman
from
| 10 |
| performing his official duties, or in retaliation for the | 11 |
| officer,
volunteer, employee or fireman performing his | 12 |
| official duties, or (3)
causes any
injury to a person he knows | 13 |
| to be an emergency medical technician - ambulance,
emergency | 14 |
| medical technician - intermediate, emergency medical | 15 |
| technician -
paramedic, ambulance driver, or other medical | 16 |
| assistance or first aid
personnel, employed by a municipality | 17 |
| or other governmental unit, while the
emergency medical | 18 |
| technician - ambulance, emergency medical technician -
| 19 |
| intermediate, emergency medical technician - paramedic, | 20 |
| ambulance driver, or
other medical assistance or first aid | 21 |
| personnel is engaged in the execution of
any of his official | 22 |
| duties, or to prevent the emergency medical technician -
| 23 |
| ambulance, emergency medical technician - intermediate, | 24 |
| emergency medical
technician - paramedic, ambulance driver, or | 25 |
| other medical assistance or first
aid personnel from performing | 26 |
| his official duties, or in retaliation for the
emergency |
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LRB095 02509 RLC 22511 b |
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| medical technician - ambulance, emergency medical technician -
| 2 |
| intermediate, emergency medical technician - paramedic, | 3 |
| ambulance driver, or
other medical assistance or first aid | 4 |
| personnel performing his official
duties, (4) causes any injury | 5 |
| to a person he or she knows to be a
teacher
or other person | 6 |
| employed in a school and the teacher or other employee is upon
| 7 |
| grounds of a school or grounds adjacent to a school, or is in | 8 |
| any part of a
building used for school purposes, or (5) causes | 9 |
| any injury to a person he or
she knows to be an emergency
| 10 |
| management worker while the emergency management worker is | 11 |
| engaged in the
execution of any of his or her official duties, | 12 |
| or to prevent the emergency
management worker from performing | 13 |
| his or her official
duties, or in retaliation for the emergency | 14 |
| management worker performing his or
her official duties.
| 15 |
| (b) A violation of subsection (a)(1) of this Section is a | 16 |
| Class X felony.
A violation of subsection (a)(2), subsection | 17 |
| (a)(3),
subsection (a)(4), or subsection (a)(5) of this Section | 18 |
| is a
Class X felony for which the sentence shall be a term of | 19 |
| imprisonment of no
less than 15 years and no more than 60 | 20 |
| years.
| 21 |
| (c) For purposes of this Section :
, "firearm" | 22 |
| "Firearm" is defined as in the Firearm Owners | 23 |
| Identification Card Act
"An Act
relating to the | 24 |
| acquisition, possession and transfer of firearms and
| 25 |
| firearm ammunition, to provide a penalty for the violation | 26 |
| thereof and to
make an appropriation in connection |
|
|
|
HB0251 |
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LRB095 02509 RLC 22511 b |
|
| 1 |
| therewith", approved August 1, 1967, as
amended .
| 2 |
| "Private security officer" means a registered employee | 3 |
| of a private security contractor agency under the Private | 4 |
| Detective, Private Alarm, Private Security, and Locksmith | 5 |
| Act of 2004.
| 6 |
| (Source: P.A. 94-243, eff. 1-1-06.)
| 7 |
| (720 ILCS 5/12-4.2-5)
| 8 |
| Sec. 12-4.2-5. Aggravated battery with a machine gun or a | 9 |
| firearm equipped
with any device or attachment designed or used | 10 |
| for silencing the report of a
firearm. (a) A person commits | 11 |
| aggravated battery with a
machine gun or a firearm equipped | 12 |
| with a device designed or used for silencing
the report of a | 13 |
| firearm
when he or she, in
committing a battery, knowingly or | 14 |
| intentionally by means of the discharging of
a
machine gun or a | 15 |
| firearm equipped with a device designed or used for silencing
| 16 |
| the report of a firearm
(1) causes any injury to another | 17 |
| person, or (2) causes any
injury to a person he or she knows to | 18 |
| be a peace officer, a private security officer, a person | 19 |
| summoned by
a
peace officer, a correctional institution | 20 |
| employee or a fireman while the
officer, employee or fireman is | 21 |
| engaged in the execution of any of his
or her official duties, | 22 |
| or to prevent the officer, employee or fireman from
performing | 23 |
| his or her official duties, or in retaliation for the officer,
| 24 |
| employee or fireman performing his or her official duties, or | 25 |
| (3) causes
any
injury to a person he or she knows to be an |
|
|
|
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LRB095 02509 RLC 22511 b |
|
| 1 |
| emergency medical technician -
ambulance,
emergency medical | 2 |
| technician - intermediate, emergency medical technician -
| 3 |
| paramedic, ambulance driver, or other medical assistance or | 4 |
| first aid
personnel, employed by a municipality or other | 5 |
| governmental unit, while the
emergency medical technician - | 6 |
| ambulance, emergency medical technician -
intermediate, | 7 |
| emergency medical technician - paramedic, ambulance driver, or
| 8 |
| other medical assistance or first aid personnel is engaged in | 9 |
| the execution of
any of his or her official duties, or to | 10 |
| prevent the emergency medical
technician - ambulance, | 11 |
| emergency medical technician - intermediate, emergency
medical
| 12 |
| technician - paramedic, ambulance driver, or other medical | 13 |
| assistance or first
aid personnel from performing his or her | 14 |
| official duties, or in retaliation for
the
emergency medical | 15 |
| technician - ambulance, emergency medical technician -
| 16 |
| intermediate, emergency medical technician - paramedic, | 17 |
| ambulance driver, or
other medical assistance or first aid | 18 |
| personnel performing his or her official
duties, or (4) causes | 19 |
| any injury to a person he or she knows to be an
emergency | 20 |
| management worker
while the emergency management worker is | 21 |
| engaged in the execution of any of his
or her official duties, | 22 |
| or to prevent the emergency management worker from
performing | 23 |
| his or her official duties, or in retaliation for the emergency
| 24 |
| management worker performing his or her official duties.
| 25 |
| (b) A violation of subsection (a) (1) of this Section is a | 26 |
| Class X felony
for which the person shall be sentenced to a |
|
|
|
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LRB095 02509 RLC 22511 b |
|
| 1 |
| term of imprisonment of no less
than 12 years and no more than | 2 |
| 45 years.
A violation of subsection (a) (2), subsection (a) | 3 |
| (3), or
subsection (a) (4) of this Section is a
Class X felony | 4 |
| for which the sentence shall be a term of imprisonment of no
| 5 |
| less than 20 years and no more than 60 years.
| 6 |
| (c) For purposes of this Section, "firearm" is defined as | 7 |
| in the Firearm
Owners Identification Card Act.
| 8 |
| (d) For purposes of this Section :
, "machine
| 9 |
| "Machine gun" has the meaning ascribed to
it in clause | 10 |
| (i) of paragraph (7) of subsection (a) of Section 24-1 of | 11 |
| this
Code. | 12 |
| "Private security officer" means a registered employee | 13 |
| of a private security contractor agency under the Private | 14 |
| Detective, Private Alarm, Private Security, and Locksmith | 15 |
| Act of 2004.
| 16 |
| (Source: P.A. 94-243, eff. 1-1-06.)
|
|