Full Text of HB1505 95th General Assembly
HB1505 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1505
Introduced 2/22/2007, by Rep. Milton Patterson SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/2-23 new |
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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 5/12-14 |
from Ch. 38, par. 12-14 |
720 ILCS 5/12-16 |
from Ch. 38, par. 12-16 |
720 ILCS 5/16-1 |
from Ch. 38, par. 16-1 |
720 ILCS 5/16G-20 |
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720 ILCS 5/18-1 |
from Ch. 38, par. 18-1 |
720 ILCS 5/18-4 |
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720 ILCS 646/15 |
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720 ILCS 646/25 |
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Amends the Criminal Code of 1961 and the Methamphetamine Control and Community Protection Act. Provides for enhanced penalties for committing various offenses against a veteran. Increases by one class the penalties for various offenses committed against veterans.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1505 |
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LRB095 10155 RLC 30369 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, 12-14, 12-16, 16-1, 16G-20, 18-1, and 18-4 | 6 |
| and by adding Section 2-23 as follows: | 7 |
| (720 ILCS 5/2-23 new)
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| Sec. 2-23. "Veteran". "Veteran" means an Illinois resident | 9 |
| who: (i) was a member of the Armed Forces of the United States, | 10 |
| a member of the Illinois National Guard, or a member of any | 11 |
| reserve component of the Armed Forces of the United States; and | 12 |
| (ii) who was honorably discharged.
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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 | 16 |
| committing an
assault, he:
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| (1) Uses a deadly weapon or any device manufactured and | 18 |
| designed to be
substantially similar in appearance to a | 19 |
| firearm, other than by
discharging a firearm in the | 20 |
| direction of another person, a peace
officer, a person | 21 |
| summoned or directed by a peace officer, a correctional
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| officer or a fireman or in the direction of a vehicle |
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| 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
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| 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;
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| (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;
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| (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;
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| (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;
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| (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 |
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| Department of Human Services (acting as
successor to the | 2 |
| Illinois Department of Public Aid under the Department of
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| Human Services Act) and such caseworker, investigator, or | 4 |
| other person
is upon the grounds of a public aid office or | 5 |
| grounds adjacent thereto, or
is in any part of a building | 6 |
| used for public aid purposes, or upon the
grounds of a home | 7 |
| of a public aid applicant, recipient or any other person
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| being interviewed or investigated in the employees' | 9 |
| discharge of his
duties, or on grounds adjacent thereto, or | 10 |
| is in any part of a building in
which the applicant, | 11 |
| recipient, or other such person resides or is located;
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| (6) Knows the individual assaulted to be a peace | 13 |
| officer, or a community
policing volunteer, or a fireman
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| while the officer or fireman is engaged in the execution of | 15 |
| any of his
official duties, or to prevent the officer, | 16 |
| community policing volunteer,
or fireman from performing
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| his official duties, or in retaliation for the officer, | 18 |
| community policing
volunteer, or fireman
performing his | 19 |
| official duties, and the assault is committed other than by
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| the discharge of a firearm in the direction of the officer | 21 |
| or fireman or
in the direction of a vehicle occupied by the | 22 |
| officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 24 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 26 |
| paramedic, ambulance
driver or other medical
assistance or |
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| first aid personnel engaged in the
execution of any of his | 2 |
| official duties, or to prevent the
emergency medical | 3 |
| technician - ambulance, emergency medical
technician - | 4 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid | 6 |
| personnel from
performing his official duties, or in | 7 |
| retaliation for the
emergency medical technician - | 8 |
| ambulance, emergency medical
technician - intermediate, | 9 |
| emergency medical technician - paramedic,
ambulance | 10 |
| 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, | 13 |
| operator, employee
or passenger of any transportation | 14 |
| facility or system engaged in the
business of | 15 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 17 |
| such public
transportation as a passenger or using any area | 18 |
| of any description
designated by the transportation | 19 |
| facility or system as a vehicle boarding,
departure, or | 20 |
| transfer location;
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| (9) Or the individual assaulted is on or about a public | 22 |
| way, public
property, or public place of accommodation or | 23 |
| amusement;
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| (9.5) Is, or the individual assaulted is, in or about a | 25 |
| publicly or privately owned sports or entertainment arena, | 26 |
| stadium, community or convention hall, special event |
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| center, amusement facility, or a special event center in a | 2 |
| public park during any 24-hour period when a professional | 3 |
| sporting 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;
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| (10) Knows the individual assaulted to be an employee | 9 |
| of the State of
Illinois, a municipal corporation therein | 10 |
| or a political subdivision
thereof, engaged in the | 11 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 13 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 15 |
| commits an assault on a
person 60 years of age or older; | 16 |
| (12.1) Knowingly and without legal justification, | 17 |
| commits an assault on a
veteran;
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| (13) Discharges a firearm;
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| (14) Knows the individual assaulted to be a | 20 |
| correctional officer, while
the officer is engaged in the | 21 |
| execution of any of his or her official duties,
or to | 22 |
| prevent the officer from performing his or her official | 23 |
| duties, or in
retaliation for the officer performing his or | 24 |
| her official duties;
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| (15) Knows the individual assaulted to be a | 26 |
| correctional employee or
an employee of the Department of |
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| Human Services supervising or controlling
sexually | 2 |
| dangerous persons or sexually violent persons, while
the | 3 |
| employee is engaged in the execution of any of his or her | 4 |
| official duties,
or to prevent the employee from performing | 5 |
| his or her official duties, or in
retaliation for the | 6 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 8 |
| firearm in the direction
of the employee or in the | 9 |
| direction of a vehicle occupied by the employee;
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| (16) Knows the individual assaulted to be an employee | 11 |
| of a police or
sheriff's department engaged in the | 12 |
| performance of his or her official duties
as such employee; | 13 |
| or
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| (17) Knows the individual assaulted to be a sports | 15 |
| official or coach at any level of competition and the act | 16 |
| causing the assault to the sports official or coach | 17 |
| occurred within an athletic facility or an indoor or | 18 |
| outdoor playing field or within the immediate vicinity of | 19 |
| the athletic facility or an indoor or outdoor playing field | 20 |
| at which the sports official or coach was an active | 21 |
| participant in the athletic contest held at the athletic | 22 |
| facility. For the purposes of this paragraph (17), "sports | 23 |
| official" means a person at an athletic contest who | 24 |
| enforces the rules of the contest, such as an umpire or | 25 |
| referee; and "coach" means a person recognized as a coach | 26 |
| by the sanctioning authority that conducted the athletic |
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LRB095 10155 RLC 30369 b |
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| contest ; or .
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| (18) Knows the individual assaulted to be an emergency | 3 |
| management
worker, while the emergency management worker | 4 |
| is engaged in the execution of
any of his or her official | 5 |
| duties,
or to prevent the emergency management worker from | 6 |
| performing his or her
official duties, or in retaliation | 7 |
| for the emergency management worker
performing his or her | 8 |
| official duties, and the assault is committed other than
by | 9 |
| the discharge of a firearm in the direction of the | 10 |
| emergency management
worker or in the direction of a | 11 |
| vehicle occupied by the emergency management
worker.
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| (a-5) A person commits an aggravated assault when he or she | 13 |
| knowingly and
without lawful justification shines or flashes a | 14 |
| laser gunsight or other laser
device that is attached or | 15 |
| affixed to a firearm, or used in concert with a
firearm, so | 16 |
| that the laser beam strikes near or in the immediate vicinity | 17 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 20 |
| and (8) through
(11)
(12) and (17) of subsection (a) of this | 21 |
| Section is a Class A misdemeanor. Aggravated
assault as defined | 22 |
| in paragraphs (12.1), (13), (14), and (15) of subsection (a) of | 23 |
| this
Section and as defined in subsection (a-5) of this Section | 24 |
| is a Class 4
felony. Aggravated assault as defined in | 25 |
| paragraphs
(6), (7), (16), and (18) of
subsection (a) of this | 26 |
| Section is a Class A misdemeanor if a firearm is not
used in |
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| the commission of the assault. Aggravated assault as defined in
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| paragraphs (6), (7), (16), and (18) of subsection (a) of this
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| Section is a Class 4 felony if a firearm is used in the | 4 |
| commission of the
assault.
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| (Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, | 6 |
| 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 | 10 |
| knowingly
causes great bodily harm, or permanent disability or | 11 |
| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated | 13 |
| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of | 15 |
| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to | 17 |
| conceal his
identity;
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| (3) Knows the individual harmed to be a teacher or | 19 |
| other person
employed in any school and such teacher or | 20 |
| other employee is upon the
grounds of a school or grounds | 21 |
| adjacent thereto, or is in any part of a
building used for | 22 |
| 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 | 2 |
| execution of
any official duties, or to prevent the | 3 |
| volunteer from performing official duties, or in
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| retaliation for the volunteer performing official
duties, | 5 |
| and the battery is committed other than by the discharge of | 6 |
| a firearm;
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| (7) Knows the individual harmed to be an emergency | 8 |
| medical technician -
ambulance, emergency medical | 9 |
| technician - intermediate, emergency medical
technician - | 10 |
| paramedic, ambulance driver, other medical assistance, | 11 |
| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to | 13 |
| prevent the emergency medical technician - ambulance, | 14 |
| emergency medical
technician - intermediate, emergency | 15 |
| medical technician - paramedic, ambulance
driver, other | 16 |
| medical assistance, first aid personnel, or
hospital | 17 |
| personnel from performing
official duties, or in | 18 |
| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public | 20 |
| way, public
property or public place of accommodation or | 21 |
| amusement;
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| (8.5) Is, or the person battered is, on a publicly or | 23 |
| privately owned sports or entertainment arena, stadium, | 24 |
| community or convention hall, special event center, | 25 |
| amusement facility, or a special event center in a public | 26 |
| park during any 24-hour period when a professional sporting |
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| event, National Collegiate Athletic Association | 2 |
| (NCAA)-sanctioned sporting event, United States Olympic | 3 |
| Committee-sanctioned sporting event, or International | 4 |
| Olympic Committee-sanctioned sporting event is taking | 5 |
| place in this venue;
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| (9) Knows the individual harmed 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
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| 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;
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| (10) Knows the individual harmed to be an individual of | 16 |
| 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 | 20 |
| 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 | 23 |
| physically
handicapped;
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| (15) Knowingly and without legal justification and by | 25 |
| any means causes
bodily harm to a merchant who detains the | 26 |
| person for an alleged commission of
retail theft under |
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LRB095 10155 RLC 30369 b |
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| Section 16A-5 of this Code.
In this item (15), "merchant" | 2 |
| has the meaning ascribed to it in Section
16A-2.4 of this | 3 |
| Code;
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| (16) Is, or the person battered is, in any building or | 5 |
| other structure
used to provide shelter or other services | 6 |
| to victims or to the dependent
children of victims of | 7 |
| domestic violence pursuant to the Illinois Domestic
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| Violence Act of 1986 or the Domestic Violence Shelters Act, | 9 |
| or the person
battered is within 500 feet of such a | 10 |
| building or other structure while going
to or from such a | 11 |
| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois | 13 |
| Domestic Violence Act of
1986. "Building or other structure | 14 |
| used to provide shelter" has the meaning
ascribed to | 15 |
| "shelter" in Section 1 of the Domestic Violence Shelters | 16 |
| Act;
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| (17) (Blank); or
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| (18) Knows the individual harmed to be an officer or | 19 |
| employee of the State of Illinois, a unit of local | 20 |
| government, or school district engaged in the performance | 21 |
| of his or her authorized duties as such officer or | 22 |
| employee ; or .
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| (19)
(18) Knows the individual harmed to be an | 24 |
| emergency management worker
engaged in the performance of | 25 |
| any of his or her official duties, or to prevent
the | 26 |
| emergency management worker from performing official |
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LRB095 10155 RLC 30369 b |
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| duties, or in
retaliation for the emergency management | 2 |
| worker performing official duties.
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| For the purpose of paragraph (14) of subsection (b) of this | 4 |
| Section, a
physically handicapped person is a person who | 5 |
| suffers from a permanent and
disabling physical | 6 |
| characteristic, resulting from disease, injury,
functional | 7 |
| disorder or congenital condition.
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| (c) A person who administers to an individual or causes him | 9 |
| to take,
without his consent or by threat or deception, and for | 10 |
| other than
medical purposes, any intoxicating, poisonous, | 11 |
| stupefying, narcotic,
anesthetic, or controlled substance | 12 |
| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food | 14 |
| that
contains any substance or object that is intended to cause | 15 |
| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she | 17 |
| knowingly and
without lawful justification shines or flashes a | 18 |
| laser gunsight or other laser
device that is attached or | 19 |
| affixed to a firearm, or used in concert with a
firearm, so | 20 |
| that the laser beam strikes upon or against the person of | 21 |
| another.
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| (d-5) An inmate of a penal institution or a sexually | 23 |
| dangerous person or a
sexually violent person in the custody of | 24 |
| the Department of Human Services
who causes or attempts to | 25 |
| cause a
correctional employee of the penal institution or an | 26 |
| employee of the
Department of Human Services to come into |
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LRB095 10155 RLC 30369 b |
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| contact with blood,
seminal fluid, urine, or feces, by | 2 |
| throwing, tossing, or expelling that fluid
or material commits | 3 |
| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a | 5 |
| penal institution.
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| (e) Sentence.
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| (1) Except as otherwise provided in paragraphs (2) ,
and
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| (3), and (4) aggravated battery is a Class 3 felony. | 9 |
| (2) Aggravated battery that does not cause great bodily | 10 |
| harm or permanent disability or disfigurement is a Class 2 | 11 |
| felony when the person knows
the individual harmed to be a | 12 |
| peace officer, a community
policing volunteer, a | 13 |
| correctional institution employee, an
employee of the | 14 |
| Department of Human Services supervising or
controlling | 15 |
| sexually dangerous persons or sexually violent
persons, or | 16 |
| a fireman while such officer, volunteer, employee,
or | 17 |
| fireman is engaged in the execution of any official duties
| 18 |
| including arrest or attempted arrest, or to prevent the
| 19 |
| officer, volunteer, employee, or fireman from performing
| 20 |
| official duties, or in retaliation for the officer, | 21 |
| volunteer,
employee, or fireman performing official | 22 |
| duties, and the
battery is committed other than by the | 23 |
| discharge of a firearm.
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| (3) Aggravated battery that causes great bodily harm or | 25 |
| permanent disability or disfigurement in
violation of | 26 |
| subsection (a)
is a Class 1 felony when the person knows |
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| the individual harmed to be a peace
officer, a community
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| policing volunteer, a correctional institution employee, | 3 |
| an employee
of the Department of Human Services supervising | 4 |
| or controlling sexually
dangerous persons or sexually | 5 |
| violent persons, or a fireman while
such officer, | 6 |
| volunteer, employee, or fireman is engaged in the execution | 7 |
| of
any official duties including arrest or attempted | 8 |
| arrest, or to prevent the
officer, volunteer, employee, or | 9 |
| fireman from performing official duties, or in
retaliation | 10 |
| for the officer, volunteer, employee, or fireman | 11 |
| performing official
duties, and the battery is committed | 12 |
| other than by the discharge of a firearm .
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| (4) Aggravated battery of an individual who is a | 14 |
| veteran is a Class 2 felony.
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| (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327, | 16 |
| eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05; | 17 |
| 94-482, eff. 1-1-06; revised 8-19-05.)
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| (720 ILCS 5/12-14) (from Ch. 38, par. 12-14)
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| Sec. 12-14. Aggravated Criminal Sexual Assault.
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| (a) The accused commits
aggravated criminal sexual assault | 21 |
| if he or she commits criminal sexual
assault and any of the | 22 |
| following aggravating circumstances existed during, or
for the | 23 |
| purposes of paragraph (7) of this subsection (a)
as part of the | 24 |
| same course of conduct as, the commission of the offense:
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| (1) the accused displayed, threatened to use, or used a |
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| dangerous
weapon, other than a firearm, or any object | 2 |
| fashioned or utilized in such a
manner as to lead the | 3 |
| victim under the circumstances reasonably to believe it
to | 4 |
| be a dangerous weapon; or
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| (2) the accused caused bodily harm, except as provided | 6 |
| in subsection
(a)(10), to the victim; or
| 7 |
| (3) the accused acted in such a manner as to threaten | 8 |
| or endanger the
life of the victim or any other person; or
| 9 |
| (4) the criminal sexual assault was perpetrated during | 10 |
| the course of
the commission or attempted commission of any | 11 |
| other felony by the accused; or
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| (5) the victim was 60 years of age or over when the | 13 |
| offense was committed;
or
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| (5.1) the victim was a veteran; or
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| (6) the victim was a physically handicapped person; or
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| (7) the accused delivered (by injection, inhalation, | 17 |
| ingestion, transfer
of possession, or any other means) to | 18 |
| the victim without his or her consent, or
by threat or | 19 |
| deception, and for other than medical purposes, any | 20 |
| controlled
substance; or
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| (8) the accused was armed with a firearm; or
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| (9) the accused personally discharged a firearm during | 23 |
| the commission of
the offense; or
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| (10) the accused, during the commission of the offense, | 25 |
| personally
discharged a firearm that proximately caused | 26 |
| great bodily harm, permanent
disability, permanent |
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LRB095 10155 RLC 30369 b |
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| disfigurement, or death to another person.
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| (b) The accused commits aggravated criminal sexual assault | 3 |
| if
the accused was under 17 years of age and (i) commits an act | 4 |
| of
sexual penetration with a victim who was under 9 years of | 5 |
| age when the act
was committed; or (ii) commits an act of | 6 |
| sexual penetration with a victim
who was at least 9 years of | 7 |
| age but under 13 years of age when the act was
committed and | 8 |
| the accused used force or threat of force to commit the act.
| 9 |
| (c) The accused commits aggravated criminal sexual assault | 10 |
| if he or
she commits an act of sexual penetration with a victim | 11 |
| who was a severely or
profoundly mentally retarded person at | 12 |
| the
time the act was committed.
| 13 |
| (d) Sentence.
| 14 |
| (1) Aggravated criminal sexual assault in violation of | 15 |
| paragraph
(2), (3), (4), (5), (6), or (7) of subsection (a) | 16 |
| or in violation of
subsection (b) or
(c) is a Class X | 17 |
| felony.
Aggravated criminal sexual assault in violation of | 18 |
| paragraph
(5.1) of subsection (a) is a Class X felony for | 19 |
| which the offender shall be sentenced to an extended term | 20 |
| sentence under Section 5-8-2 of the Unified Code of | 21 |
| Corrections. A violation of subsection (a)(1) is a Class X | 22 |
| felony for which 10 years shall
be added to the term of | 23 |
| imprisonment imposed by the court. A violation of
| 24 |
| subsection (a)(8) is a Class X felony for which 15 years | 25 |
| shall be added to the
term of imprisonment imposed by the | 26 |
| court. A violation of
subsection (a)(9) is a Class X felony |
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| for which 20 years shall be added to the
term of | 2 |
| imprisonment imposed by the court. A violation of | 3 |
| subsection (a)(10) is
a Class X felony for which 25 years | 4 |
| or up to a term of natural life
imprisonment shall be added | 5 |
| to
the term of imprisonment imposed by the court.
| 6 |
| (2) A person who is convicted of a second or subsequent | 7 |
| offense of
aggravated criminal sexual assault, or who is | 8 |
| convicted of the offense of
aggravated
criminal sexual | 9 |
| assault after having previously been convicted of the | 10 |
| offense
of criminal sexual assault or the offense of | 11 |
| predatory criminal sexual assault
of a child, or who is | 12 |
| convicted of the offense of aggravated criminal sexual
| 13 |
| assault after having previously been convicted under the | 14 |
| laws of this or any
other state of an offense that is | 15 |
| substantially equivalent to the offense of
criminal sexual
| 16 |
| assault, the offense of aggravated criminal sexual assault | 17 |
| or the offense of
predatory criminal sexual assault of a | 18 |
| child, shall be sentenced to a term of
natural life | 19 |
| imprisonment.
The commission of the second or subsequent | 20 |
| offense is required to have been
after the initial | 21 |
| conviction for this paragraph (2) to apply.
| 22 |
| (Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502, | 23 |
| eff.
12-19-01; 92-721, eff. 1-1-03 .)
| 24 |
| (720 ILCS 5/12-16) (from Ch. 38, par. 12-16)
| 25 |
| Sec. 12-16. Aggravated Criminal Sexual Abuse.
|
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| (a) The accused commits aggravated criminal sexual abuse if | 2 |
| he or she
commits criminal sexual abuse as defined in | 3 |
| subsection (a) of Section 12-15
of this Code and any of the | 4 |
| following aggravating
circumstances existed during, or for the | 5 |
| purposes of paragraph (7) of this
subsection (a) as part of the | 6 |
| same course of conduct as, the commission of
the
offense:
| 7 |
| (1) the accused displayed, threatened to use or used a | 8 |
| dangerous weapon
or any object fashioned or utilized in | 9 |
| such a manner as to lead the victim
under the circumstances | 10 |
| reasonably to believe it to be a dangerous weapon; or
| 11 |
| (2) the accused caused bodily harm to the victim; or
| 12 |
| (3) the victim was 60 years of age or over when the | 13 |
| offense was committed;
or
| 14 |
| (4) the victim was a physically handicapped person; or
| 15 |
| (5) the accused acted in such a manner as to threaten | 16 |
| or endanger the
life of the victim or any other person; or
| 17 |
| (6) the criminal sexual abuse was perpetrated during | 18 |
| the course of the
commission or attempted commission of any | 19 |
| other felony by the accused; or
| 20 |
| (7) the accused delivered (by injection, inhalation, | 21 |
| ingestion, transfer
of possession, or any other means) to | 22 |
| the victim without his or her consent, or
by threat or | 23 |
| deception,
and for other than medical
purposes, any
| 24 |
| controlled substance.
| 25 |
| (b) The accused commits aggravated criminal sexual abuse if | 26 |
| he or she
commits an act of sexual conduct with a victim who |
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| was under 18
years of age when the act was committed
and the | 2 |
| accused was a family member.
| 3 |
| (c) The accused commits aggravated criminal sexual abuse | 4 |
| if:
| 5 |
| (1) the accused was 17 years of age or over and (i) | 6 |
| commits an act of
sexual
conduct with a victim who was | 7 |
| under 13 years of age when the
act was committed; or
(ii) | 8 |
| commits an act of sexual conduct with a victim who was at | 9 |
| least 13
years of age but under 17 years of age when the | 10 |
| act was committed and the
accused used force or threat of | 11 |
| force to commit the act; or
| 12 |
| (2) the accused was under 17 years of age and (i) | 13 |
| commits an act of
sexual conduct with a victim who was | 14 |
| under 9 years of age when the act was
committed; or (ii) | 15 |
| commits an act of sexual conduct with a victim who was
at | 16 |
| least 9 years of age but under 17 years of age when the act | 17 |
| was
committed and the accused used force or threat of force | 18 |
| to commit the act.
| 19 |
| (d) The accused commits aggravated criminal sexual abuse if | 20 |
| he or she
commits an act of sexual penetration or sexual | 21 |
| conduct with a victim
who was at least 13
years of age but | 22 |
| under 17 years of age and the accused was at least 5 years
| 23 |
| older than the victim.
| 24 |
| (e) The accused commits aggravated criminal sexual abuse if | 25 |
| he or she
commits an act of sexual conduct with a victim who | 26 |
| was a
severely or profoundly mentally retarded person at the |
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| time the act was
committed.
| 2 |
| (f) The accused commits aggravated criminal sexual abuse if
| 3 |
| he or she commits an act of sexual conduct with a victim who | 4 |
| was at least
13 years of age but under 18 years of age when the | 5 |
| act was committed and
the accused was 17 years of age or over | 6 |
| and held a position of trust,
authority or supervision in | 7 |
| relation to the victim.
| 8 |
| (g) Sentence. Aggravated criminal sexual abuse is a Class 2 | 9 |
| felony , except that aggravated criminal sexual abuse when the | 10 |
| victim was a veteran is a Class 1 felony .
| 11 |
| (Source: P.A. 92-434, eff. 1-1-02.)
| 12 |
| (720 ILCS 5/16-1) (from Ch. 38, par. 16-1)
| 13 |
| Sec. 16-1. Theft.
| 14 |
| (a) A person commits theft when he knowingly:
| 15 |
| (1) Obtains or exerts unauthorized control over | 16 |
| property of the
owner; or
| 17 |
| (2) Obtains by deception control over property of the | 18 |
| owner; or
| 19 |
| (3) Obtains by threat control over property of the | 20 |
| owner; or
| 21 |
| (4) Obtains control over stolen property knowing the | 22 |
| property to
have been stolen or under such circumstances as | 23 |
| would
reasonably induce him to believe that the property | 24 |
| was stolen; or
| 25 |
| (5) Obtains or exerts control over property in the |
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| custody of any law
enforcement agency which is explicitly | 2 |
| represented to him by any law
enforcement officer or any | 3 |
| individual acting in behalf of a law enforcement
agency as | 4 |
| being stolen, and
| 5 |
| (A) Intends to deprive the owner permanently of the | 6 |
| use or
benefit of the property; or
| 7 |
| (B) Knowingly uses, conceals or abandons the | 8 |
| property in such
manner as to deprive the owner | 9 |
| permanently of such use or benefit; or
| 10 |
| (C) Uses, conceals, or abandons the property | 11 |
| knowing such use,
concealment or abandonment probably | 12 |
| will deprive the owner permanently
of such use or | 13 |
| benefit.
| 14 |
| (b) Sentence.
| 15 |
| (1) Theft of property not from the person and
not | 16 |
| exceeding $300 in value is a Class A misdemeanor.
| 17 |
| (1.1) Theft of property not from the person and
not | 18 |
| exceeding $300 in value is a Class 4 felony if the theft | 19 |
| was committed in a
school or place of worship or if the | 20 |
| theft was of governmental property.
| 21 |
| (2) A person who has been convicted of theft of | 22 |
| property not from the
person and not exceeding
$300 in | 23 |
| value who has been
previously convicted of any type of | 24 |
| theft, robbery, armed robbery,
burglary, residential | 25 |
| burglary, possession of burglary tools, home
invasion, | 26 |
| forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or |
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| 4-103.3
of the Illinois Vehicle Code relating to the | 2 |
| possession of a stolen or
converted motor vehicle, or a | 3 |
| violation of Section 8 of the Illinois Credit
Card and | 4 |
| Debit Card Act is guilty of a Class 4 felony. When a person | 5 |
| has any
such prior
conviction, the information or | 6 |
| indictment charging that person shall state
such prior | 7 |
| conviction so as to give notice of the State's intention to
| 8 |
| treat the charge as a felony. The fact of such prior | 9 |
| conviction is not an
element of the offense and may not be | 10 |
| disclosed to the jury during trial
unless otherwise | 11 |
| permitted by issues properly raised during such trial.
| 12 |
| (3) (Blank).
| 13 |
| (4) Theft of property from the person not exceeding | 14 |
| $300 in value, or
theft of
property exceeding $300 and not | 15 |
| exceeding $10,000 in value, is a
Class 3 felony.
| 16 |
| (4.1) Theft of property from the person not exceeding | 17 |
| $300 in value, or
theft of property exceeding $300 and not | 18 |
| exceeding $10,000 in value, is a Class
2 felony if the | 19 |
| theft was committed in a school or place of worship or if | 20 |
| the theft was of governmental property.
| 21 |
| (5) Theft of property exceeding $10,000 and not | 22 |
| exceeding
$100,000 in value is a Class 2 felony.
| 23 |
| (5.1) Theft of property exceeding $10,000 and not | 24 |
| exceeding $100,000 in
value is a Class 1 felony
if the | 25 |
| theft was committed in a school or place of worship or if | 26 |
| the theft was of governmental property.
|
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| (6) Theft of property exceeding $100,000 and not | 2 |
| exceeding $500,000 in
value is a Class 1 felony.
| 3 |
| (6.1) Theft of property exceeding $100,000 in value is | 4 |
| a Class X felony
if the theft was committed in a school or | 5 |
| place of worship or if the theft was of governmental | 6 |
| property.
| 7 |
| (6.2) Theft of property exceeding $500,000 in value is | 8 |
| a Class 1
non-probationable
felony.
| 9 |
| (7) Theft by deception, as described by paragraph (2) | 10 |
| of
subsection (a) of
this Section, in which the offender | 11 |
| obtained money or property valued at
$5,000 or more from a | 12 |
| victim 60 years of age or older is a Class 2 felony.
| 13 |
| (7.1) Theft by deception, as described by paragraph (2) | 14 |
| of
subsection (a) of
this Section, in which the offender | 15 |
| obtained money or property valued at
$5,000 or more from a | 16 |
| veteran is a Class 1 felony.
| 17 |
| (c) When a charge of theft of property exceeding a | 18 |
| specified value
is brought, the value of the property involved | 19 |
| is an element of the offense
to be resolved by the trier of | 20 |
| fact as either exceeding or not exceeding
the specified value.
| 21 |
| (Source: P.A. 93-520, eff. 8-6-03; 94-134, eff. 1-1-06.)
| 22 |
| (720 ILCS 5/16G-20)
| 23 |
| Sec. 16G-20. Aggravated identity theft.
| 24 |
| (a) A person commits the offense of aggravated identity | 25 |
| theft
when he or she commits the offense of identity theft as |
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| set forth
in subsection (a) of Section 16G-15 against a | 2 |
| veteran, a person 60 years
of age or older or a disabled person | 3 |
| as defined in Section 16-1.3 of this
Code.
| 4 |
| (b) Knowledge shall be determined by an evaluation of all | 5 |
| circumstances
surrounding the use of the other
person's | 6 |
| identifying information or document.
| 7 |
| (c) When a charge of aggravated identity theft of credit,
| 8 |
| money,
goods, services, or other
property exceeding a specified | 9 |
| value is brought the value of the credit, money,
goods, | 10 |
| services, or other
property is an element of the offense to be | 11 |
| resolved by the trier of fact as
either exceeding or not | 12 |
| exceeding
the specified value.
| 13 |
| (d) A defense to aggravated identity theft does not exist
| 14 |
| merely
because the accused
reasonably believed the victim to be | 15 |
| a person less than 60 years of age.
| 16 |
| (e) Sentence.
| 17 |
| (1) Aggravated identity theft of credit, money, goods,
| 18 |
| services,
or other property not exceeding
$300 in value is | 19 |
| a Class 3 felony.
| 20 |
| (2) Aggravated identity theft of credit, money, goods,
| 21 |
| services,
or other property exceeding $300
and not | 22 |
| exceeding $10,000 in value is a Class 2 felony.
| 23 |
| (3) Aggravated identity theft of credit, money, goods,
| 24 |
| services,
or other property exceeding $10,000 in value and | 25 |
| not exceeding $100,000 in
value is a Class 1 felony.
| 26 |
| (4) Aggravated identity theft of credit, money, goods,
|
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| services,
or other property exceeding
$100,000 in value is | 2 |
| a Class X felony.
| 3 |
| (5) A person who has been previously convicted of | 4 |
| aggravated
identity theft regardless of the
value of the | 5 |
| property involved who is convicted of a second or | 6 |
| subsequent
offense of aggravated
identity theft regardless | 7 |
| of the value of the property involved is guilty of a
Class | 8 |
| X felony.
| 9 |
| (Source: P.A. 93-401, eff. 7-31-03; 94-39, eff. 6-16-05.)
| 10 |
| (720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
| 11 |
| Sec. 18-1. Robbery.
| 12 |
| (a) A person commits robbery when he or she takes property, | 13 |
| except a
motor vehicle covered by Section 18-3 or 18-4,
from | 14 |
| the person or presence of another by the use of force or by
| 15 |
| threatening the imminent use of force.
| 16 |
| (b) Sentence.
| 17 |
| Robbery is a Class 2 felony. However, if the victim is a | 18 |
| veteran, 60 years of age
or over or is a physically handicapped | 19 |
| person, or if the robbery is
committed
in a school or place of | 20 |
| worship, robbery is a Class 1 felony.
| 21 |
| (Source: P.A. 91-360, eff. 7-29-99.)
| 22 |
| (720 ILCS 5/18-4)
| 23 |
| Sec. 18-4. Aggravated vehicular hijacking.
| 24 |
| (a) A person commits aggravated vehicular hijacking when he |
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| or she violates
Section 18-3; and
| 2 |
| (1) the person from whose immediate presence the motor | 3 |
| vehicle is
taken is a physically handicapped person or a | 4 |
| person 60 years of age or over;
or
| 5 |
| (1.1) the person from whose immediate presence the | 6 |
| motor vehicle is
taken is a veteran;
or
| 7 |
| (2) a person under 16 years of age is a passenger in | 8 |
| the motor vehicle at
the time of the offense; or
| 9 |
| (3) he or she carries on or about his or her person, or | 10 |
| is otherwise armed
with a dangerous weapon, other than a | 11 |
| firearm; or
| 12 |
| (4) he or she carries on or about his or her person or | 13 |
| is otherwise armed
with a firearm; or
| 14 |
| (5) he or she, during the commission of the offense, | 15 |
| personally discharges
a firearm; or
| 16 |
| (6) he or she, during the commission of the offense, | 17 |
| personally discharges
a firearm that proximately causes | 18 |
| great bodily harm, permanent disability,
permanent | 19 |
| disfigurement, or death to another person.
| 20 |
| (b) Sentence. Aggravated vehicular hijacking in violation | 21 |
| of subsections
(a)(1) ,(a)(1.1), or (a)(2) is a Class X felony.
| 22 |
| Aggravated vehicular hijacking in violation of subsection | 23 |
| (a)(3) is a Class X
felony for which a term of imprisonment of | 24 |
| not less than 7 years shall be
imposed.
Aggravated vehicular | 25 |
| hijacking in violation of subsection (a)(4) is a Class X
felony | 26 |
| for which 15 years shall be added to the term of imprisonment |
|
|
|
HB1505 |
- 27 - |
LRB095 10155 RLC 30369 b |
|
| 1 |
| imposed by
the court. Aggravated vehicular hijacking in | 2 |
| violation of subsection (a)(5) is
a Class X felony for which 20 | 3 |
| years shall be added to the term of imprisonment
imposed by the | 4 |
| court. Aggravated vehicular hijacking in violation of | 5 |
| subsection
(a)(6) is a Class X felony for which 25 years or up | 6 |
| to a term of natural life
shall be added to the term of | 7 |
| imprisonment imposed by the court.
| 8 |
| (Source: P.A. 91-404, eff. 1-1-00 .)
| 9 |
| Section 10. The Methamphetamine Control and Community | 10 |
| Protection Act is amended by changing Sections 15 and 25 as | 11 |
| follows: | 12 |
| (720 ILCS 646/15)
| 13 |
| Sec. 15. Participation in methamphetamine manufacturing. | 14 |
| (a) Participation in methamphetamine manufacturing.
| 15 |
| (1) It is unlawful to knowingly participate in the | 16 |
| manufacture of methamphetamine with the intent that | 17 |
| methamphetamine or a substance containing methamphetamine | 18 |
| be produced.
| 19 |
| (2) A person who violates paragraph (1) of this | 20 |
| subsection (a) is subject to the following penalties:
| 21 |
| (A) A person who participates in the manufacture of | 22 |
| less than 15 grams of methamphetamine or a substance | 23 |
| containing methamphetamine is guilty of a Class 1 | 24 |
| felony.
|
|
|
|
HB1505 |
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LRB095 10155 RLC 30369 b |
|
| 1 |
| (B) A person who participates in the manufacture of | 2 |
| 15 or more grams but less than 100 grams of | 3 |
| methamphetamine or a substance containing | 4 |
| methamphetamine is guilty of a Class X felony, subject | 5 |
| to a term of imprisonment of not less than 6 years and | 6 |
| not more than 30 years, and subject to a fine not to | 7 |
| exceed $100,000 or the street value of the | 8 |
| methamphetamine manufactured, whichever is greater.
| 9 |
| (C) A person who participates in the manufacture of | 10 |
| 100 or more grams but less than 400 grams of | 11 |
| methamphetamine or a substance containing | 12 |
| methamphetamine is guilty of a Class X felony, subject | 13 |
| to a term of imprisonment of not less than 9 years and | 14 |
| not more than 40 years, and subject to a fine not to | 15 |
| exceed $200,000 or the street value of the | 16 |
| methamphetamine manufactured, whichever is greater.
| 17 |
| (D) A person who participates in the manufacture of | 18 |
| 400 or more grams but less than 900 grams of | 19 |
| methamphetamine or a substance containing | 20 |
| methamphetamine is guilty of a Class X felony, subject | 21 |
| to a term of imprisonment of not less than 12 years and | 22 |
| not more than 50 years, and subject to a fine not to | 23 |
| exceed $300,000 or the street value of the | 24 |
| methamphetamine manufactured, whichever is greater.
| 25 |
| (E) A person who participates in the manufacture of | 26 |
| 900 grams or more of methamphetamine or a substance |
|
|
|
HB1505 |
- 29 - |
LRB095 10155 RLC 30369 b |
|
| 1 |
| containing methamphetamine is guilty of a Class X | 2 |
| felony, subject to a term of imprisonment of not less | 3 |
| than 15 years and not more than 60 years, and subject | 4 |
| to a fine not to exceed $400,000 or the street value of | 5 |
| the methamphetamine, whichever is greater.
| 6 |
| (b) Aggravated participation in methamphetamine | 7 |
| manufacturing.
| 8 |
| (1) It is unlawful to engage in aggravated | 9 |
| participation in the manufacture of methamphetamine. A | 10 |
| person engages in aggravated participation in the | 11 |
| manufacture of methamphetamine when the person violates | 12 |
| paragraph (1) of subsection (a) and:
| 13 |
| (A) the person knowingly does so in a multi-unit | 14 |
| dwelling;
| 15 |
| (B) the person knowingly does so in a structure or | 16 |
| vehicle where a child under the age of 18, a veteran as | 17 |
| defined in Section 2-23 of the Criminal Code of 1961, a | 18 |
| person with a disability, or a person 60 years of age | 19 |
| or older who is incapable of adequately providing for | 20 |
| his or her own health and personal care resides, is | 21 |
| present, or is endangered by the manufacture of | 22 |
| methamphetamine;
| 23 |
| (C) the person does so in a structure or vehicle | 24 |
| where a woman the person knows to be pregnant | 25 |
| (including but not limited to the person herself) | 26 |
| resides, is present, or is endangered by the |
|
|
|
HB1505 |
- 30 - |
LRB095 10155 RLC 30369 b |
|
| 1 |
| methamphetamine manufacture;
| 2 |
| (D) the person knowingly does so in a structure or | 3 |
| vehicle protected by one or more firearms, explosive | 4 |
| devices, booby traps, alarm systems, surveillance | 5 |
| systems, guard dogs, or dangerous animals;
| 6 |
| (E) the methamphetamine manufacturing in which the | 7 |
| person participates is a contributing cause of the | 8 |
| death, serious bodily injury, disability, or | 9 |
| disfigurement of another person, including but not | 10 |
| limited to an emergency service provider;
| 11 |
| (F) the methamphetamine manufacturing in which the | 12 |
| person participates is a contributing cause of a fire | 13 |
| or explosion that damages property belonging to | 14 |
| another person; or
| 15 |
| (G) the person knowingly organizes, directs, or | 16 |
| finances the methamphetamine manufacturing or | 17 |
| activities carried out in support of the | 18 |
| methamphetamine manufacturing.
| 19 |
| (2) A person who violates paragraph (1) of this | 20 |
| subsection (b) is subject to the following penalties:
| 21 |
| (A) A person who participates in the manufacture of | 22 |
| less than 15 grams of methamphetamine or a substance | 23 |
| containing methamphetamine is guilty of a Class X | 24 |
| felony, subject to a term of imprisonment of not less | 25 |
| than 6 years and not more than 30 years, and subject to | 26 |
| a fine not to exceed $100,000 or the street value of |
|
|
|
HB1505 |
- 31 - |
LRB095 10155 RLC 30369 b |
|
| 1 |
| the methamphetamine, whichever is greater.
| 2 |
| (B) A person who participates in the manufacture of | 3 |
| 15 or more grams but less than 100 grams of | 4 |
| methamphetamine or a substance containing | 5 |
| methamphetamine is guilty of a Class X felony, subject | 6 |
| to a term of imprisonment of not less than 9 years and | 7 |
| not more than 40 years, and subject to a fine not to | 8 |
| exceed $200,000 or the street value of the | 9 |
| methamphetamine, whichever is greater.
| 10 |
| (C) A person who participates in the manufacture of | 11 |
| 100 or more grams but less than 400 grams of | 12 |
| methamphetamine or a substance containing | 13 |
| methamphetamine is guilty of a Class X felony, subject | 14 |
| to a term of imprisonment of not less than 12 years and | 15 |
| not more than 50 years, and subject to a fine not to | 16 |
| exceed $300,000 or the street value of the | 17 |
| methamphetamine, whichever is greater.
| 18 |
| (D) A person who participates in the manufacture of | 19 |
| 400 grams or more of methamphetamine or a substance | 20 |
| containing methamphetamine is guilty of a Class X | 21 |
| felony, subject to a term of imprisonment of not less | 22 |
| than 15 years and not more than 60 years, and subject | 23 |
| to a fine not to exceed $400,000 or the street value of | 24 |
| the methamphetamine, whichever is greater.
| 25 |
| (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.) |
|
|
|
HB1505 |
- 32 - |
LRB095 10155 RLC 30369 b |
|
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| (720 ILCS 646/25)
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| Sec. 25. Anhydrous ammonia. | 3 |
| (a) Possession, procurement, transportation, storage, or | 4 |
| delivery of anhydrous ammonia with the intent that it be used | 5 |
| to manufacture methamphetamine.
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| (1) It is unlawful to knowingly engage in the | 7 |
| possession, procurement, transportation, storage, or | 8 |
| delivery of anhydrous ammonia or to attempt to engage in | 9 |
| any of these activities or to assist another in engaging in | 10 |
| any of these activities with the intent that the anhydrous | 11 |
| ammonia be used to manufacture methamphetamine.
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| (2) A person who violates paragraph (1) of this | 13 |
| subsection
(a) is guilty of a Class 1 felony.
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| (b) Aggravated possession, procurement, transportation, | 15 |
| storage, or delivery of anhydrous ammonia with the intent that | 16 |
| it be used to manufacture methamphetamine.
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| (1) It is unlawful to knowingly engage in the | 18 |
| aggravated possession, procurement, transportation, | 19 |
| storage, or delivery of anhydrous ammonia with the intent | 20 |
| that it be used to manufacture methamphetamine. A person | 21 |
| commits this offense when the person engages in the | 22 |
| possession, procurement, transportation, storage, or | 23 |
| delivery of anhydrous ammonia or attempts to engage in any | 24 |
| of these activities or assists another in engaging in any | 25 |
| of these activities with the intent that the anhydrous | 26 |
| ammonia be used to manufacture methamphetamine and:
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| (A) the person knowingly does so in a multi-unit | 2 |
| dwelling;
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| (B) the person knowingly does so in a structure or | 4 |
| vehicle where a child under the age of 18, a veteran as | 5 |
| defined in Section 2-23 of the Criminal Code of 1961,
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| or a person with a disability, or a person who is 60 | 7 |
| years of age or older who is incapable of adequately | 8 |
| providing for his or her own health and personal care | 9 |
| resides, is present, or is endangered by the anhydrous | 10 |
| ammonia;
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| (C) the person's possession, procurement, | 12 |
| transportation, storage, or delivery of anhydrous | 13 |
| ammonia is a contributing cause of the death, serious | 14 |
| bodily injury, disability, or disfigurement of another | 15 |
| person; or
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| (D) the person's possession, procurement, | 17 |
| transportation, storage, or delivery of anhydrous | 18 |
| ammonia is a contributing cause of a fire or explosion | 19 |
| that damages property belonging to another person.
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| (2) A person who violates paragraph (1) of this | 21 |
| subsection (b) is guilty of a Class X felony, subject to a | 22 |
| term of imprisonment of not less than 6 years and not more | 23 |
| than 30 years, and subject to a fine not to exceed | 24 |
| $100,000.
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| (c) Possession, procurement, transportation, storage, or | 26 |
| delivery of anhydrous ammonia in an unauthorized container.
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LRB095 10155 RLC 30369 b |
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| (1) It is unlawful to knowingly possess, procure, | 2 |
| transport, store, or deliver anhydrous ammonia in an | 3 |
| unauthorized container.
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| (2) A person who violates paragraph (1) of this | 5 |
| subsection (c) is guilty of a Class 3 felony.
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| (3) Affirmative defense. It is an affirmative defense | 7 |
| that the person charged possessed, procured, transported, | 8 |
| stored, or delivered anhydrous ammonia in a manner that | 9 |
| substantially complied with the rules governing anhydrous | 10 |
| ammonia equipment found in 8 Illinois Administrative Code | 11 |
| Section 215, in 92 Illinois Administrative Code Sections | 12 |
| 171 through 180, or in any provision of the Code of Federal | 13 |
| Regulations incorporated by reference into these Sections | 14 |
| of the Illinois Administrative Code.
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| (d) Tampering with anhydrous ammonia equipment.
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| (1) It is unlawful to knowingly tamper with anhydrous | 17 |
| ammonia equipment. A person tampers with anhydrous ammonia | 18 |
| equipment when, without authorization from the lawful | 19 |
| owner, the person:
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| (A) removes or attempts to remove anhydrous | 21 |
| ammonia from the anhydrous ammonia equipment used by | 22 |
| the lawful owner;
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| (B) damages or attempts to damage the anhydrous | 24 |
| ammonia equipment used by the lawful owner; or
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| (C) vents or attempts to vent anhydrous ammonia
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| into the environment.
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| (2) A person who violates paragraph (1) of this | 2 |
| subsection (d) is guilty of a Class 3 felony.
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| (Source: P.A. 94-556, eff. 9-11-05; 94-830, eff. 6-5-06.)
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