Full Text of SB1622 103rd General Assembly
SB1622 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB1622 Introduced 2/8/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-2 | from Ch. 38, par. 12-2 |
720 ILCS 5/12-3.05 | was 720 ILCS 5/12-4 |
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Amends the Criminal Code of 2012. Provides for enhanced penalties for aggravated assault or aggravated battery of emergency department staff of a health care facility. Defines "emergency department staff" as any clinical or nonclinical staff present in the emergency department or emergency room of a health care facility who may come in contact with patients, including, but not limited to, physicians, nurses, nonphysician providers, technicians, security staff, patient transporters, respiratory therapists, housekeeping personnel, secretaries, and pharmacists. Defines "health care facility" as a facility, hospital, or establishment licensed or organized under the Ambulatory Surgical Treatment Center Act, the University of Illinois Hospital Act, the Hospital Licensing Act, the Nursing Home Care Act, the Assisted Living and Shared Housing Act, or the Community Living Facilities Licensing Act. Effective immediately.
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| | A BILL FOR |
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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 2012 is amended by | 5 | | changing Sections 12-2 and 12-3.05 as follows:
| 6 | | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
| 7 | | Sec. 12-2. Aggravated assault.
| 8 | | (a) Offense based on location of conduct. A person commits | 9 | | aggravated assault when he or she commits an assault against | 10 | | an individual who is on or about a public way, public property, | 11 | | a public place of accommodation or amusement, or a sports | 12 | | venue, or in a church, synagogue, mosque, or other building, | 13 | | structure, or place used for religious worship. | 14 | | (b) Offense based on status of victim. A person commits | 15 | | aggravated assault when, in committing an assault, he or she | 16 | | knows the individual assaulted to be any of the following: | 17 | | (1) A person with a physical disability or a person 60 | 18 | | years of age or older and the assault is without legal | 19 | | justification. | 20 | | (2) A teacher or school employee upon school grounds | 21 | | or grounds adjacent to a school or in any part of a | 22 | | building used for school purposes. | 23 | | (3) A park district employee upon park grounds or |
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| 1 | | grounds adjacent to a park or in any part of a building | 2 | | used for park purposes. | 3 | | (4) A community policing volunteer, private security | 4 | | officer, or utility worker: | 5 | | (i) performing his or her official duties; | 6 | | (ii) assaulted to prevent performance of his or | 7 | | her official duties; or | 8 | | (iii) assaulted in retaliation for performing his | 9 | | or her official duties. | 10 | | (4.1) A peace officer, fireman, emergency management | 11 | | worker, emergency department staff, or emergency medical | 12 | | services personnel: | 13 | | (i) performing his or her official duties; | 14 | | (ii) assaulted to prevent performance of his or | 15 | | her official duties; or | 16 | | (iii) assaulted in retaliation for performing his | 17 | | or her official duties. | 18 | | (5) A correctional officer or probation officer: | 19 | | (i) performing his or her official duties; | 20 | | (ii) assaulted to prevent performance of his or | 21 | | her official duties; or | 22 | | (iii) assaulted in retaliation for performing his | 23 | | or her official duties. | 24 | | (6) A correctional institution employee, a county | 25 | | juvenile detention center employee who provides direct and | 26 | | continuous supervision of residents of a juvenile |
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| 1 | | detention center, including a county juvenile detention | 2 | | center employee who supervises recreational activity for | 3 | | residents of a juvenile detention center, or a Department | 4 | | of Human Services employee, Department of Human Services | 5 | | officer, or employee of a subcontractor of the Department | 6 | | of Human Services supervising or controlling sexually | 7 | | dangerous persons or sexually violent persons: | 8 | | (i) performing his or her official duties; | 9 | | (ii) assaulted to prevent performance of his or | 10 | | her official duties; or | 11 | | (iii) assaulted in retaliation for performing his | 12 | | or her official duties. | 13 | | (7) An employee of the State of Illinois, a municipal | 14 | | corporation therein, or a political subdivision thereof, | 15 | | performing his or her official duties. | 16 | | (8) A transit employee performing his or her official | 17 | | duties, or a transit passenger. | 18 | | (9) A sports official or coach actively participating | 19 | | in any level of athletic competition within a sports | 20 | | venue, on an indoor playing field or outdoor playing | 21 | | field, or within the immediate vicinity of such a facility | 22 | | or field. | 23 | | (10) A person authorized to serve process under | 24 | | Section 2-202 of the Code of Civil Procedure or a special | 25 | | process server appointed by the circuit court, while that | 26 | | individual is in the performance of his or her duties as a |
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| 1 | | process server. | 2 | | (c) Offense based on use of firearm, device, or motor | 3 | | vehicle. A person commits aggravated assault when, in | 4 | | committing an assault, he or she does any of the following: | 5 | | (1) Uses a deadly weapon, an air rifle as defined in | 6 | | Section 24.8-0.1 of this Act, or any device manufactured | 7 | | and designed to be substantially similar in appearance to | 8 | | a firearm, other than by discharging a firearm. | 9 | | (2) Discharges a firearm, other than from a motor | 10 | | vehicle. | 11 | | (3) Discharges a firearm from a motor vehicle. | 12 | | (4) Wears a hood, robe, or mask to conceal his or her | 13 | | identity. | 14 | | (5) Knowingly and without lawful justification shines | 15 | | or flashes a laser gun sight or other laser device | 16 | | attached to a firearm, or used in concert with a firearm, | 17 | | so that the laser beam strikes near or in the immediate | 18 | | vicinity of any person. | 19 | | (6) Uses a firearm, other than by discharging the | 20 | | firearm, against a peace officer, community policing | 21 | | volunteer, fireman, private security officer, emergency | 22 | | management worker, emergency medical services personnel, | 23 | | employee of a police department, employee of a sheriff's | 24 | | department, or traffic control municipal employee , or | 25 | | emergency department staff : | 26 | | (i) performing his or her official duties; |
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| 1 | | (ii) assaulted to prevent performance of his or | 2 | | her official duties; or | 3 | | (iii) assaulted in retaliation for performing his | 4 | | or her official duties. | 5 | | (7) Without justification operates a motor vehicle in | 6 | | a manner which places a person, other than a person listed | 7 | | in subdivision (b)(4), in reasonable apprehension of being | 8 | | struck by the moving motor vehicle. | 9 | | (8) Without justification operates a motor vehicle in | 10 | | a manner which places a person listed in subdivision | 11 | | (b)(4), in reasonable apprehension of being struck by the | 12 | | moving motor vehicle. | 13 | | (9) Knowingly video or audio records the offense with | 14 | | the intent to disseminate the recording. | 15 | | (d) Sentence. Aggravated assault as defined in subdivision | 16 | | (a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9), | 17 | | (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except | 18 | | that aggravated assault as defined in subdivision (b)(4) and | 19 | | (b)(7) is a Class 4 felony if a Category I, Category II, or | 20 | | Category III weapon is used in the commission of the assault. | 21 | | Aggravated assault as defined in subdivision (b)(4.1), (b)(5), | 22 | | (b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class | 23 | | 4 felony. Aggravated assault as defined in subdivision (c)(3) | 24 | | or (c)(8) is a Class 3 felony. | 25 | | (e) For the purposes of this Section : , | 26 | | "Category I weapon", "Category II weapon", and "Category |
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| 1 | | III weapon" have the meanings ascribed to those terms in | 2 | | Section 33A-1 of this Code.
| 3 | | "Emergency department staff" means any clinical or | 4 | | nonclinical staff present in the emergency department or | 5 | | emergency room of a health care facility who may come in | 6 | | contact with patients, including, but not limited to, | 7 | | physicians, nurses, nonphysician providers, technicians, | 8 | | security staff, patient transporters, respiratory therapists, | 9 | | housekeeping personnel, secretaries, and pharmacists. | 10 | | "Health care facility" means a facility, hospital, or | 11 | | establishment licensed or organized under the Ambulatory | 12 | | Surgical Treatment Center Act, the University of Illinois | 13 | | Hospital Act, the Hospital Licensing Act, the Nursing Home | 14 | | Care Act, the Assisted Living and Shared Housing Act, or the | 15 | | Community Living Facilities Licensing Act. | 16 | | (Source: P.A. 101-223, eff. 1-1-20; 102-558, eff. 8-20-21.)
| 17 | | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
| 18 | | Sec. 12-3.05. Aggravated battery.
| 19 | | (a) Offense based on injury. A person commits aggravated | 20 | | battery when, in committing a battery, other than by the | 21 | | discharge of a firearm, he or she knowingly does any of the | 22 | | following: | 23 | | (1) Causes great bodily harm or permanent disability | 24 | | or disfigurement. | 25 | | (2) Causes severe and permanent disability, great |
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| 1 | | bodily harm, or disfigurement by means of a caustic or | 2 | | flammable substance, a poisonous gas, a deadly biological | 3 | | or chemical contaminant or agent, a radioactive substance, | 4 | | or a bomb or explosive compound. | 5 | | (3) Causes great bodily harm or permanent disability | 6 | | or disfigurement to an individual whom the person knows to | 7 | | be a peace officer, community policing volunteer, fireman, | 8 | | private security officer, correctional institution | 9 | | employee, or Department of Human Services employee | 10 | | supervising or controlling sexually dangerous persons or | 11 | | sexually violent persons , or emergency department staff : | 12 | | (i) performing his or her official duties; | 13 | | (ii) battered to prevent performance of his or her | 14 | | official duties; or | 15 | | (iii) battered in retaliation for performing his | 16 | | or her official duties. | 17 | | (4) Causes great bodily harm or permanent disability | 18 | | or disfigurement to an individual 60 years of age or | 19 | | older. | 20 | | (5) Strangles another individual. | 21 | | (b) Offense based on injury to a child or person with an | 22 | | intellectual disability. A person who is at least 18 years of | 23 | | age commits aggravated battery when, in committing a battery, | 24 | | he or she knowingly and without legal justification by any | 25 | | means: | 26 | | (1) causes great bodily harm or permanent disability |
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| 1 | | or disfigurement to any child under the age of 13 years, or | 2 | | to any person with a severe or profound intellectual | 3 | | disability; or | 4 | | (2) causes bodily harm or disability or disfigurement | 5 | | to any child under the age of 13 years or to any person | 6 | | with a severe or profound intellectual disability. | 7 | | (c) Offense based on location of conduct. A person commits | 8 | | aggravated battery when, in committing a battery, other than | 9 | | by the discharge of a firearm, he or she is or the person | 10 | | battered is on or about a public way, public property, a public | 11 | | place of accommodation or amusement, a sports venue, or a | 12 | | domestic violence shelter, or in a church, synagogue, mosque, | 13 | | or other building, structure, or place used for religious | 14 | | worship. | 15 | | (d) Offense based on status of victim. A person commits | 16 | | aggravated battery when, in committing a battery, other than | 17 | | by discharge of a firearm, he or she knows the individual | 18 | | battered to be any of the following: | 19 | | (1) A person 60 years of age or older. | 20 | | (2) A person who is pregnant or has a physical | 21 | | disability. | 22 | | (3) A teacher or school employee upon school grounds | 23 | | or grounds adjacent to a school or in any part of a | 24 | | building used for school purposes. | 25 | | (4) A peace officer, community policing volunteer, | 26 | | fireman, private security officer, correctional |
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| 1 | | institution employee, or Department of Human Services | 2 | | employee supervising or controlling sexually dangerous | 3 | | persons or sexually violent persons , or emergency | 4 | | department staff : | 5 | | (i) performing his or her official duties; | 6 | | (ii) battered to prevent performance of his or her | 7 | | official duties; or | 8 | | (iii) battered in retaliation for performing his | 9 | | or her official duties. | 10 | | (5) A judge, emergency management worker, emergency | 11 | | medical services personnel, or utility worker: | 12 | | (i) performing his or her official duties; | 13 | | (ii) battered to prevent performance of his or her | 14 | | official duties; or | 15 | | (iii) battered in retaliation for performing his | 16 | | or her official duties. | 17 | | (6) An officer or employee of the State of Illinois, a | 18 | | unit of local government, or a school district, while | 19 | | performing his or her official duties. | 20 | | (7) A transit employee performing his or her official | 21 | | duties, or a transit passenger. | 22 | | (8) A taxi driver on duty. | 23 | | (9) A merchant who detains the person for an alleged | 24 | | commission of retail theft under Section 16-26 of this | 25 | | Code and the person without legal justification by any | 26 | | means causes bodily harm to the merchant. |
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| 1 | | (10) A person authorized to serve process under | 2 | | Section 2-202 of the Code of Civil Procedure or a special | 3 | | process server appointed by the circuit court while that | 4 | | individual is in the performance of his or her duties as a | 5 | | process server. | 6 | | (11) A nurse while in the performance of his or her | 7 | | duties as a nurse. | 8 | | (12) A merchant: (i) while performing his or her | 9 | | duties, including, but not limited to, relaying directions | 10 | | for healthcare or safety from his or her supervisor or | 11 | | employer or relaying health or safety guidelines, | 12 | | recommendations, regulations, or rules from a federal, | 13 | | State, or local public health agency; and (ii) during a | 14 | | disaster declared by the Governor, or a state of emergency | 15 | | declared by the mayor of the municipality in which the | 16 | | merchant is located, due to a public health emergency and | 17 | | for a period of 6 months after such declaration. | 18 | | (e) Offense based on use of a firearm. A person commits | 19 | | aggravated battery when, in committing a battery, he or she | 20 | | knowingly does any of the following: | 21 | | (1) Discharges a firearm, other than a machine gun or | 22 | | a firearm equipped with a silencer, and causes any injury | 23 | | to another person. | 24 | | (2) Discharges a firearm, other than a machine gun or | 25 | | a firearm equipped with a silencer, and causes any injury | 26 | | to a person he or she knows to be a peace officer, |
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| 1 | | community policing volunteer, person summoned by a police | 2 | | officer, fireman, private security officer, correctional | 3 | | institution employee, or emergency management worker , or | 4 | | emergency department staff : | 5 | | (i) performing his or her official duties; | 6 | | (ii) battered to prevent performance of his or her | 7 | | official duties; or | 8 | | (iii) battered in retaliation for performing his | 9 | | or her official duties. | 10 | | (3) Discharges a firearm, other than a machine gun or | 11 | | a firearm equipped with a silencer, and causes any injury | 12 | | to a person he or she knows to be emergency medical | 13 | | services personnel: | 14 | | (i) performing his or her official duties; | 15 | | (ii) battered to prevent performance of his or her | 16 | | official duties; or | 17 | | (iii) battered in retaliation for performing his | 18 | | or her official duties. | 19 | | (4) Discharges a firearm and causes any injury to a | 20 | | person he or she knows to be a teacher, a student in a | 21 | | school, or a school employee, and the teacher, student, or | 22 | | employee is upon school grounds or grounds adjacent to a | 23 | | school or in any part of a building used for school | 24 | | purposes. | 25 | | (5) Discharges a machine gun or a firearm equipped | 26 | | with a silencer, and causes any injury to another person. |
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| 1 | | (6) Discharges a machine gun or a firearm equipped | 2 | | with a silencer, and causes any injury to a person he or | 3 | | she knows to be a peace officer, community policing | 4 | | volunteer, person summoned by a police officer, fireman, | 5 | | private security officer, correctional institution | 6 | | employee , or emergency management worker , or emergency | 7 | | department staff : | 8 | | (i) performing his or her official duties; | 9 | | (ii) battered to prevent performance of his or her | 10 | | official duties; or | 11 | | (iii) battered in retaliation for performing his | 12 | | or her official duties. | 13 | | (7) Discharges a machine gun or a firearm equipped | 14 | | with a silencer, and causes any injury to a person he or | 15 | | she knows to be emergency medical services personnel: | 16 | | (i) performing his or her official duties; | 17 | | (ii) battered to prevent performance of his or her | 18 | | official duties; or | 19 | | (iii) battered in retaliation for performing his | 20 | | or her official duties. | 21 | | (8) Discharges a machine gun or a firearm equipped | 22 | | with a silencer, and causes any injury to a person he or | 23 | | she knows to be a teacher, or a student in a school, or a | 24 | | school employee, and the teacher, student, or employee is | 25 | | upon school grounds or grounds adjacent to a school or in | 26 | | any part of a building used for school purposes. |
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| 1 | | (f) Offense based on use of a weapon or device. A person | 2 | | commits aggravated battery when, in committing a battery, he | 3 | | or she does any of the following: | 4 | | (1) Uses a deadly weapon other than by discharge of a | 5 | | firearm, or uses an air rifle as defined in Section | 6 | | 24.8-0.1 of this Code. | 7 | | (2) Wears a hood, robe, or mask to conceal his or her | 8 | | identity. | 9 | | (3) Knowingly and without lawful justification shines | 10 | | or flashes a laser gunsight or other laser device attached | 11 | | to a firearm, or used in concert with a firearm, so that | 12 | | the laser beam strikes upon or against the person of | 13 | | another. | 14 | | (4) Knowingly video or audio records the offense with | 15 | | the intent to disseminate the recording. | 16 | | (g) Offense based on certain conduct. A person commits | 17 | | aggravated battery when, other than by discharge of a firearm, | 18 | | he or she does any of the following: | 19 | | (1) Violates Section 401 of the Illinois Controlled | 20 | | Substances Act by unlawfully delivering a controlled | 21 | | substance to another and any user experiences great bodily | 22 | | harm or permanent disability as a result of the injection, | 23 | | inhalation, or ingestion of any amount of the controlled | 24 | | substance. | 25 | | (2) Knowingly administers to an individual or causes | 26 | | him or her to take, without his or her consent or by threat |
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| 1 | | or deception, and for other than medical purposes, any | 2 | | intoxicating, poisonous, stupefying, narcotic, | 3 | | anesthetic, or controlled substance, or gives to another | 4 | | person any food containing any substance or object | 5 | | intended to cause physical injury if eaten. | 6 | | (3) Knowingly causes or attempts to cause a | 7 | | correctional institution employee or Department of Human | 8 | | Services employee to come into contact with blood, seminal | 9 | | fluid, urine, or feces by throwing, tossing, or expelling | 10 | | the fluid or material, and the person is an inmate of a | 11 | | penal institution or is a sexually dangerous person or | 12 | | sexually violent person in the custody of the Department | 13 | | of Human Services. | 14 | | (h) Sentence. Unless otherwise provided, aggravated | 15 | | battery is a Class 3 felony. | 16 | | Aggravated battery as defined in subdivision (a)(4), | 17 | | (d)(4), or (g)(3) is a Class 2 felony. | 18 | | Aggravated battery as defined in subdivision (a)(3) or | 19 | | (g)(1) is a Class 1 felony. | 20 | | Aggravated battery as defined in subdivision (a)(1) is a | 21 | | Class 1 felony when the aggravated battery was intentional and | 22 | | involved the infliction of torture, as defined in paragraph | 23 | | (14) of subsection (b) of Section 9-1 of this Code, as the | 24 | | infliction of or subjection to extreme physical pain, | 25 | | motivated by an intent to increase or prolong the pain, | 26 | | suffering, or agony of the victim. |
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| 1 | | Aggravated battery as defined in subdivision (a)(1) is a | 2 | | Class 2 felony when the person causes great bodily harm or | 3 | | permanent disability to an individual whom the person knows to | 4 | | be a member of a congregation engaged in prayer or other | 5 | | religious activities at a church, synagogue, mosque, or other | 6 | | building, structure, or place used for religious worship. | 7 | | Aggravated battery under subdivision (a)(5) is a
Class 1 | 8 | | felony if: | 9 | | (A) the person used or attempted to use a dangerous
| 10 | | instrument while committing the offense; | 11 | | (B) the person caused great bodily harm or
permanent | 12 | | disability or disfigurement to the other
person while | 13 | | committing the offense; or | 14 | | (C) the person has been previously convicted of a
| 15 | | violation of subdivision (a)(5) under the laws of this
| 16 | | State or laws similar to subdivision (a)(5) of any other
| 17 | | state. | 18 | | Aggravated battery as defined in subdivision (e)(1) is a | 19 | | Class X felony. | 20 | | Aggravated battery as defined in subdivision (a)(2) is a | 21 | | Class X felony for which a person shall be sentenced to a term | 22 | | of imprisonment of a minimum of 6 years and a maximum of 45 | 23 | | years. | 24 | | Aggravated battery as defined in subdivision (e)(5) is a | 25 | | Class X felony for which a person shall be sentenced to a term | 26 | | of imprisonment of a minimum of 12 years and a maximum of 45 |
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| 1 | | years. | 2 | | Aggravated battery as defined in subdivision (e)(2), | 3 | | (e)(3), or (e)(4) is a Class X felony for which a person shall | 4 | | be sentenced to a term of imprisonment of a minimum of 15 years | 5 | | and a maximum of 60 years. | 6 | | Aggravated battery as defined in subdivision (e)(6), | 7 | | (e)(7), or (e)(8) is a Class X felony for which a person shall | 8 | | be sentenced to a term of imprisonment of a minimum of 20 years | 9 | | and a maximum of 60 years. | 10 | | Aggravated battery as defined in subdivision (b)(1) is a | 11 | | Class X felony, except that: | 12 | | (1) if the person committed the offense while armed | 13 | | with a firearm, 15 years shall be added to the term of | 14 | | imprisonment imposed by the court; | 15 | | (2) if, during the commission of the offense, the | 16 | | person personally discharged a firearm, 20 years shall be | 17 | | added to the term of imprisonment imposed by the court; | 18 | | (3) if, during the commission of the offense, the | 19 | | person personally discharged a firearm that proximately | 20 | | caused great bodily harm, permanent disability, permanent | 21 | | disfigurement, or death to another person, 25 years or up | 22 | | to a term of natural life shall be added to the term of | 23 | | imprisonment imposed by the court. | 24 | | (i) Definitions. In this Section: | 25 | | "Building or other structure used to provide shelter" has | 26 | | the meaning ascribed to "shelter" in Section 1 of the Domestic |
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| 1 | | Violence Shelters Act. | 2 | | "Domestic violence" has the meaning ascribed to it in | 3 | | Section 103 of the Illinois Domestic Violence Act of 1986. | 4 | | "Domestic violence shelter" means any building or other | 5 | | structure used to provide shelter or other services to victims | 6 | | or to the dependent children of victims of domestic violence | 7 | | pursuant to the Illinois Domestic Violence Act of 1986 or the | 8 | | Domestic Violence Shelters Act, or any place within 500 feet | 9 | | of such a building or other structure in the case of a person | 10 | | who is going to or from such a building or other structure. | 11 | | "Emergency department staff" means any clinical or | 12 | | nonclinical staff present in the emergency department or | 13 | | emergency room of a health care facility who may come in | 14 | | contact with patients, including, but not limited to, | 15 | | physicians, nurses, nonphysician providers, technicians, | 16 | | security staff, patient transporters, respiratory therapists, | 17 | | housekeeping personnel, secretaries, and pharmacists. | 18 | | "Firearm" has the meaning provided under Section 1.1
of | 19 | | the Firearm Owners Identification Card Act, and does
not | 20 | | include an air rifle as defined by Section 24.8-0.1 of this | 21 | | Code. | 22 | | "Health care facility" means a facility, hospital, or | 23 | | establishment licensed or organized under the Ambulatory | 24 | | Surgical Treatment Center Act, the University of Illinois | 25 | | Hospital Act, the Hospital Licensing Act, the Nursing Home | 26 | | Care Act, the Assisted Living and Shared Housing Act, or the |
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| 1 | | Community Living Facilities Licensing Act. | 2 | | "Machine gun" has the meaning ascribed to it in Section | 3 | | 24-1 of this Code. | 4 | | "Merchant" has the meaning ascribed to it in Section | 5 | | 16-0.1 of this Code. | 6 | | "Strangle" means
intentionally impeding the normal | 7 | | breathing or circulation of the blood of an individual by | 8 | | applying pressure on the throat
or neck of that individual or | 9 | | by blocking the nose or mouth of
that individual.
| 10 | | (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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