Full Text of SB2488 96th General Assembly
SB2488enr 96TH GENERAL ASSEMBLY
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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 |
| Section 12-2 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, 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, other than from a motor | 10 |
| vehicle;
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| (13.5) Discharges a firearm from a motor vehicle;
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| (14) Knows the individual assaulted to be a | 13 |
| correctional officer, while
the officer is engaged in the | 14 |
| execution of any of his or her official duties,
or to | 15 |
| prevent the officer from performing his or her official | 16 |
| duties, or in
retaliation for the officer performing his or | 17 |
| her official duties;
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| (15) Knows the individual assaulted to be a | 19 |
| correctional employee or
an employee of the Department of | 20 |
| Human Services supervising or controlling
sexually | 21 |
| dangerous persons or sexually violent persons, while
the | 22 |
| employee is engaged in the execution of any of his or her | 23 |
| official duties,
or to prevent the employee from performing | 24 |
| his or her official duties, or in
retaliation for the | 25 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a |
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| firearm in the direction
of the employee or in the | 2 |
| direction of a vehicle occupied by the employee;
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| (16) Knows the individual assaulted to be an employee | 4 |
| of a police or
sheriff's department, or a person who is | 5 |
| employed by a municipality and whose duties include traffic | 6 |
| control, engaged in the performance of his or her official | 7 |
| duties
as such employee;
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| (17) Knows the individual assaulted to be a sports | 9 |
| official or coach at any level of competition and the act | 10 |
| causing the assault to the sports official or coach | 11 |
| occurred within an athletic facility or an indoor or | 12 |
| outdoor playing field or within the immediate vicinity of | 13 |
| the athletic facility or an indoor or outdoor playing field | 14 |
| at which the sports official or coach was an active | 15 |
| participant in the athletic contest held at the athletic | 16 |
| facility. For the purposes of this paragraph (17), "sports | 17 |
| official" means a person at an athletic contest who | 18 |
| enforces the rules of the contest, such as an umpire or | 19 |
| referee; and "coach" means a person recognized as a coach | 20 |
| by the sanctioning authority that conducted the athletic | 21 |
| contest;
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| (18) Knows the individual assaulted to be an emergency | 23 |
| management
worker, while the emergency management worker | 24 |
| is engaged in the execution of
any of his or her official | 25 |
| duties,
or to prevent the emergency management worker from | 26 |
| performing his or her
official duties, or in retaliation |
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| for the emergency management worker
performing his or her | 2 |
| official duties, and the assault is committed other than
by | 3 |
| the discharge of a firearm in the direction of the | 4 |
| emergency management
worker or in the direction of a | 5 |
| vehicle occupied by the emergency management
worker; or | 6 |
| (19) Knows the individual assaulted to be a utility | 7 |
| worker, while the utility worker is engaged in the | 8 |
| execution of his or her duties, or to prevent the utility | 9 |
| worker from performing his or her duties, or in retaliation | 10 |
| for the utility worker performing his or her duties. In | 11 |
| this paragraph (19), "utility worker" means a person | 12 |
| employed by a public utility as defined in Section 3-105 of | 13 |
| the Public Utilities Act and also includes an employee of a | 14 |
| municipally owned utility, an employee of a cable | 15 |
| television company, an employee of an electric
cooperative | 16 |
| as defined in Section 3-119 of the Public Utilities
Act, an | 17 |
| independent contractor or an employee of an independent
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| contractor working on behalf of a cable television company, | 19 |
| public utility, municipally
owned utility, or an electric | 20 |
| cooperative, or an employee of a
telecommunications | 21 |
| carrier as defined in Section 13-202 of the
Public | 22 |
| Utilities Act, an independent contractor or an employee of
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| an independent contractor working on behalf of a
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| telecommunications carrier, or an employee of a telephone | 25 |
| or
telecommunications cooperative as defined in Section | 26 |
| 13-212 of
the Public Utilities Act, or an independent |
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| contractor or an
employee of an independent contractor | 2 |
| working on behalf of a
telephone or telecommunications | 3 |
| cooperative. | 4 |
| (a-5) A person commits an aggravated assault when he or she | 5 |
| knowingly and
without lawful justification shines or flashes a | 6 |
| laser gunsight or other laser
device that is attached or | 7 |
| affixed to a firearm, or used in concert with a
firearm, so | 8 |
| that the laser beam strikes near or in the immediate vicinity | 9 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 12 |
| and (8) through
(12) and (17) and (19) of subsection (a) of | 13 |
| this Section is a Class A misdemeanor. Aggravated
assault as | 14 |
| defined in paragraphs (13), (14), and (15) of subsection (a) of | 15 |
| this
Section and as defined in subsection (a-5) of this Section | 16 |
| is a Class 4
felony. Aggravated
assault as defined in | 17 |
| paragraphs (6) and (16) of subsection (a) of this
Section is a | 18 |
| Class A misdemeanor if a Category I, Category II, or Category | 19 |
| III weapon is not used in the commission of the
assault. | 20 |
| Aggravated
assault as defined in paragraphs (6) and (16) of | 21 |
| subsection (a) of this
Section is a Class 4
felony if a | 22 |
| Category I, Category II, or Category III weapon is used in the | 23 |
| commission of the
assault. Aggravated assault as defined in | 24 |
| paragraphs
(6), (7) , (16), and (18) of
subsection (a) of this | 25 |
| Section is a Class A misdemeanor if a firearm is not
used in | 26 |
| 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 | 3 |
| commission of the
assault. Aggravated assault as defined in | 4 |
| paragraph (13.5) of subsection (a) is a Class 3 felony. For the | 5 |
| purposes of this subsection (b), "Category I weapon", "Category | 6 |
| II weapon", and "Category III weapon" have the meanings | 7 |
| ascribed to those terms in subsection (c) of Section 33A-1 of | 8 |
| this Code.
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| (c) For the purposes of paragraphs (1) and (6) of | 10 |
| subsection (a), "private security officer" means a registered | 11 |
| employee of a private security contractor agency under the | 12 |
| Private Detective, Private Alarm, Private Security, | 13 |
| Fingerprint Vendor, and Locksmith Act of 2004. | 14 |
| (Source: P.A. 94-243, eff. 1-1-06; 94-482, eff. 1-1-06; 95-236, | 15 |
| eff. 1-1-08; 95-292, eff. 8-20-07; 95-331, eff. 8-21-07; | 16 |
| 95-429, eff. 1-1-08; 95-591, eff. 9-10-07; 95-876, eff. | 17 |
| 8-21-08.)
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