Full Text of SB1754 97th General Assembly
SB1754enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 12-2 as follows:
| 6 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| 7 | | Sec. 12-2. Aggravated assault.
| 8 | | (a) A person commits an aggravated assault, when, in | 9 | | committing an
assault, he:
| 10 | | (1) Uses a deadly weapon, an air rifle as defined in | 11 | | the Air Rifle Act, or any device manufactured and designed | 12 | | to be
substantially similar in appearance to a firearm, | 13 | | other than by
discharging a firearm in the direction of | 14 | | another person, a peace
officer, a person summoned or | 15 | | directed by a peace officer, a correctional
officer, a | 16 | | private security officer, or a fireman or in the direction | 17 | | of a vehicle occupied by another
person, a peace officer, a | 18 | | person summoned or directed by a peace officer,
a | 19 | | correctional officer, a private security officer, or a | 20 | | fireman while the officer or fireman is
engaged in the | 21 | | execution of any of his official duties, or to prevent the
| 22 | | officer or fireman from performing his official duties, or | 23 | | in retaliation
for the officer or fireman performing his |
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| 1 | | official duties;
| 2 | | (2) Is hooded, robed or masked in such manner as to | 3 | | conceal his
identity or any device manufactured and | 4 | | designed to be substantially
similar in appearance to a | 5 | | firearm;
| 6 | | (3) Knows the individual assaulted to be a teacher or | 7 | | other person
employed in any school and such teacher or | 8 | | other employee is upon the
grounds of a school or grounds | 9 | | adjacent thereto, or is in any part of a
building used for | 10 | | school purposes;
| 11 | | (4) Knows the individual assaulted to be a supervisor, | 12 | | director,
instructor or other person employed in any park | 13 | | district and such
supervisor, director, instructor or | 14 | | other employee is upon the grounds of
the park or grounds | 15 | | adjacent thereto, or is in any part of a building used
for | 16 | | park purposes;
| 17 | | (5) Knows the individual assaulted to be a caseworker, | 18 | | investigator, or
other person employed by the Department of | 19 | | Healthcare and Family Services (formerly State Department | 20 | | of Public Aid), a
County
Department of Public Aid, or the | 21 | | Department of Human Services (acting as
successor to the | 22 | | Illinois Department of Public Aid under the Department of
| 23 | | Human Services Act) and such caseworker, investigator, or | 24 | | other person
is upon the grounds of a public aid office or | 25 | | grounds adjacent thereto, or
is in any part of a building | 26 | | used for public aid purposes, or upon the
grounds of a home |
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| 1 | | of a public aid applicant, recipient or any other person
| 2 | | being interviewed or investigated in the employee's | 3 | | discharge of his
duties, or on grounds adjacent thereto, or | 4 | | is in any part of a building in
which the applicant, | 5 | | recipient, or other such person resides or is located;
| 6 | | (6) Knows the individual assaulted to be a peace | 7 | | officer, a community
policing volunteer, a private | 8 | | security officer, or a fireman
while the officer or fireman | 9 | | is engaged in the execution of any of his
official duties, | 10 | | or to prevent the officer, community policing volunteer,
or | 11 | | fireman from performing
his official duties, or in | 12 | | retaliation for the officer, community policing
volunteer, | 13 | | or fireman
performing his official duties, and the assault | 14 | | is committed other than by
the discharge of a firearm in | 15 | | the direction of the officer or fireman or
in the direction | 16 | | of a vehicle occupied by the officer or fireman;
| 17 | | (7) Knows the individual assaulted to be
an emergency | 18 | | medical technician - ambulance, emergency medical
| 19 | | technician - intermediate, emergency medical technician - | 20 | | paramedic, ambulance
driver or other medical
assistance or | 21 | | first aid personnel engaged in the
execution of any of his | 22 | | official duties, or to prevent the
emergency medical | 23 | | technician - ambulance, emergency medical
technician - | 24 | | intermediate, emergency medical technician - paramedic,
| 25 | | ambulance driver, or other medical assistance or first aid | 26 | | personnel from
performing his official duties, or in |
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| 1 | | retaliation for the
emergency medical technician - | 2 | | ambulance, emergency medical
technician - intermediate, | 3 | | emergency medical technician - paramedic,
ambulance | 4 | | driver, or other medical assistance or first aid personnel
| 5 | | performing his official duties;
| 6 | | (8) Knows the individual assaulted to be the driver, | 7 | | operator, employee
or passenger of any transportation | 8 | | facility or system engaged in the
business of | 9 | | transportation of the public for hire and the individual
| 10 | | assaulted is then performing in such capacity or then using | 11 | | such public
transportation as a passenger or using any area | 12 | | of any description
designated by the transportation | 13 | | facility or system as a vehicle boarding,
departure, or | 14 | | transfer location;
| 15 | | (9) Or the individual assaulted is on or about a public | 16 | | way, public
property, or public place of accommodation or | 17 | | amusement;
| 18 | | (9.5) Is, or the individual assaulted is, in or about a | 19 | | publicly or privately owned sports or entertainment arena, | 20 | | stadium, community or convention hall, special event | 21 | | center, amusement facility, or a special event center in a | 22 | | public park during any 24-hour period when a professional | 23 | | sporting event, National Collegiate Athletic Association | 24 | | (NCAA)-sanctioned sporting event, United States Olympic | 25 | | Committee-sanctioned sporting event, or International | 26 | | Olympic Committee-sanctioned sporting event is taking |
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| 1 | | place in this venue;
| 2 | | (10) Knows the individual assaulted to be an employee | 3 | | of the State of
Illinois, a municipal corporation therein | 4 | | or a political subdivision
thereof, engaged in the | 5 | | performance of his authorized duties as such
employee;
| 6 | | (11) Knowingly and without legal justification, | 7 | | commits an assault on
a physically handicapped person;
| 8 | | (12) Knowingly and without legal justification, | 9 | | commits an assault on a
person 60 years of age or older;
| 10 | | (13) Discharges a firearm, other than from a motor | 11 | | vehicle;
| 12 | | (13.5) Discharges a firearm from a motor vehicle;
| 13 | | (14) Knows the individual assaulted to be a | 14 | | correctional officer, while
the officer is engaged in the | 15 | | execution of any of his or her official duties,
or to | 16 | | prevent the officer from performing his or her official | 17 | | duties, or in
retaliation for the officer performing his or | 18 | | her official duties; | 19 | | (14.5) Knows the individual assaulted to be a probation | 20 | | officer, as defined in the Probation and Probation Officers | 21 | | Act, while the officer is engaged in the execution of any | 22 | | of his or her official duties, or to prevent the officer | 23 | | from performing his or her official duties, or in | 24 | | retaliation for the officer performing his or her official | 25 | | duties;
| 26 | | (15) Knows the individual assaulted to be a |
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| 1 | | correctional employee , an employee of a county juvenile | 2 | | detention center who provides direct and continuous | 3 | | supervision of residents of a juvenile detention center, | 4 | | including an employee of a county juvenile detention center | 5 | | who supervises recreational activity for residents of a | 6 | | juvenile detention center, or
an employee or officer of the | 7 | | Department of Human Services supervising or controlling
| 8 | | sexually dangerous persons or sexually violent persons, or | 9 | | an employee of a subcontractor of the Department of Human | 10 | | Services supervising or controlling sexually dangerous | 11 | | persons or sexually violent persons, while
the employee or | 12 | | officer is engaged in the execution of any of his or her | 13 | | official duties,
or to prevent the employee or officer from | 14 | | performing his or her official duties, or in
retaliation | 15 | | for the employee or officer performing his or her official | 16 | | duties, and the
assault is committed other than by the | 17 | | discharge of a firearm in the direction
of the employee or | 18 | | officer or in the direction of a vehicle occupied by the | 19 | | employee or officer;
| 20 | | (16) Knows the individual assaulted to be an employee | 21 | | of a police or
sheriff's department, or a person who is | 22 | | employed by a municipality and whose duties include traffic | 23 | | control, engaged in the performance of his or her official | 24 | | duties
as such employee;
| 25 | | (17) Knows the individual assaulted to be a sports | 26 | | official or coach at any level of competition and the act |
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| 1 | | causing the assault to the sports official or coach | 2 | | occurred within an athletic facility or an indoor or | 3 | | outdoor playing field or within the immediate vicinity of | 4 | | the athletic facility or an indoor or outdoor playing field | 5 | | at which the sports official or coach was an active | 6 | | participant in the athletic contest held at the athletic | 7 | | facility. For the purposes of this paragraph (17), "sports | 8 | | official" means a person at an athletic contest who | 9 | | enforces the rules of the contest, such as an umpire or | 10 | | referee; and "coach" means a person recognized as a coach | 11 | | by the sanctioning authority that conducted the athletic | 12 | | contest;
| 13 | | (18) Knows the individual assaulted to be an emergency | 14 | | management
worker, while the emergency management worker | 15 | | is engaged in the execution of
any of his or her official | 16 | | duties,
or to prevent the emergency management worker from | 17 | | performing his or her
official duties, or in retaliation | 18 | | for the emergency management worker
performing his or her | 19 | | official duties, and the assault is committed other than
by | 20 | | the discharge of a firearm in the direction of the | 21 | | emergency management
worker or in the direction of a | 22 | | vehicle occupied by the emergency management
worker; or | 23 | | (19) Knows the individual assaulted to be a utility | 24 | | worker, while the utility worker is engaged in the | 25 | | execution of his or her duties, or to prevent the utility | 26 | | worker from performing his or her duties, or in retaliation |
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| 1 | | for the utility worker performing his or her duties. In | 2 | | this paragraph (19), "utility worker" means a person | 3 | | employed by a public utility as defined in Section 3-105 of | 4 | | the Public Utilities Act and also includes an employee of a | 5 | | municipally owned utility, an employee of a cable | 6 | | television company, an employee of an electric
cooperative | 7 | | as defined in Section 3-119 of the Public Utilities
Act, an | 8 | | independent contractor or an employee of an independent
| 9 | | contractor working on behalf of a cable television company, | 10 | | public utility, municipally
owned utility, or an electric | 11 | | cooperative, or an employee of a
telecommunications | 12 | | carrier as defined in Section 13-202 of the
Public | 13 | | Utilities Act, an independent contractor or an employee of
| 14 | | an independent contractor working on behalf of a
| 15 | | telecommunications carrier, or an employee of a telephone | 16 | | or
telecommunications cooperative as defined in Section | 17 | | 13-212 of
the Public Utilities Act, or an independent | 18 | | contractor or an
employee of an independent contractor | 19 | | working on behalf of a
telephone or telecommunications | 20 | | cooperative. | 21 | | (a-5) A person commits an aggravated assault when he or she | 22 | | knowingly and
without lawful justification shines or flashes a | 23 | | laser gunsight or other laser
device that is attached or | 24 | | affixed to a firearm, or used in concert with a
firearm, so | 25 | | that the laser beam strikes near or in the immediate vicinity | 26 | | of
any person.
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| 1 | | (a-10) A person commits an aggravated assault when he or | 2 | | she knowingly and without justification operates a motor | 3 | | vehicle in a manner which places a person in reasonable | 4 | | apprehension of being struck by a moving vehicle. | 5 | | (b) Sentence.
| 6 | | Aggravated assault as defined in paragraphs (1) through (5) | 7 | | and (8) through
(12) and (17) and (19) of subsection (a) of | 8 | | this Section is a Class A misdemeanor. Aggravated
assault as | 9 | | defined in paragraphs (13), (14), (14.5), and (15) of | 10 | | subsection (a) of this
Section and as defined in subsection | 11 | | (a-5) or (a-10) of this Section is a Class 4
felony. Aggravated
| 12 | | assault as defined in paragraphs (6) and (16) of subsection (a) | 13 | | of this
Section is a Class A misdemeanor if a Category I, | 14 | | Category II, or Category III weapon is not used in the | 15 | | commission of the
assault. Aggravated
assault as defined in | 16 | | paragraphs (6) and (16) of subsection (a) of this
Section is a | 17 | | Class 4
felony if a Category I, Category II, or Category III | 18 | | weapon is used in the commission of the
assault. Aggravated | 19 | | assault as defined in paragraphs
(7) and (18) of
subsection (a) | 20 | | of this Section is a Class A misdemeanor if a firearm is not
| 21 | | used in the commission of the assault. Aggravated assault as | 22 | | defined in
paragraphs (7) and (18) of subsection (a) of this
| 23 | | Section is a Class 4 felony if a firearm is used in the | 24 | | commission of the
assault. Aggravated assault as defined in | 25 | | subsection (a-10) where the victim was a person defined in | 26 | | paragraph (6) or paragraph (13.5) of subsection (a) is a Class |
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| 1 | | 3 felony. For the purposes of this subsection (b), "Category I | 2 | | weapon", "Category II weapon", and "Category III weapon" have | 3 | | the meanings ascribed to those terms in subsection (c) of | 4 | | Section 33A-1 of this Code.
| 5 | | (c) For the purposes of paragraphs (1) and (6) of | 6 | | subsection (a), "private security officer" means a registered | 7 | | employee of a private security contractor agency under the | 8 | | Private Detective, Private Alarm, Private Security, | 9 | | Fingerprint Vendor, and Locksmith Act of 2004. | 10 | | (Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07; | 11 | | 95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff. | 12 | | 9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000, | 13 | | eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10; | 14 | | revised 9-16-10.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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