Full Text of HB0164 96th General Assembly
HB0164eng 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 |
| Sections 12-2 and 12-4 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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| (5.5) Knows the individual assaulted to be a private | 6 |
| social service agency employee, such as a caseworker, | 7 |
| investigator, or other person, and such caseworker, | 8 |
| investigator, or other person is upon the grounds of a | 9 |
| private social service agency or grounds adjacent thereto, | 10 |
| or is in any part of a building being used for service | 11 |
| delivery, or upon the grounds of a private residence of an | 12 |
| adult service recipient or any other adult person being | 13 |
| interviewed or investigated in the worker's discharge of | 14 |
| his or her duties, or on the grounds adjacent thereto, or | 15 |
| is in any part of a building in which the recipient of | 16 |
| services resides or is located, including social services | 17 |
| staff working under contract with a State agency;
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| (6) Knows the individual assaulted to be a peace | 19 |
| officer, a community
policing volunteer, a private | 20 |
| security officer, or a fireman
while the officer or fireman | 21 |
| is engaged in the execution of any of his
official duties, | 22 |
| or to prevent the officer, community policing volunteer,
or | 23 |
| fireman from performing
his official duties, or in | 24 |
| retaliation for the officer, community policing
volunteer, | 25 |
| or fireman
performing his official duties, and the assault | 26 |
| is committed other than by
the discharge of a firearm in |
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| the direction of the officer or fireman or
in the direction | 2 |
| of a vehicle occupied by the officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 4 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 6 |
| paramedic, ambulance
driver or other medical
assistance or | 7 |
| first aid personnel engaged in the
execution of any of his | 8 |
| official duties, or to prevent the
emergency medical | 9 |
| technician - ambulance, emergency medical
technician - | 10 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid | 12 |
| personnel from
performing his official duties, or in | 13 |
| retaliation for the
emergency medical technician - | 14 |
| ambulance, emergency medical
technician - intermediate, | 15 |
| emergency medical technician - paramedic,
ambulance | 16 |
| 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, | 19 |
| operator, employee
or passenger of any transportation | 20 |
| facility or system engaged in the
business of | 21 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 23 |
| such public
transportation as a passenger or using any area | 24 |
| of any description
designated by the transportation | 25 |
| facility or system as a vehicle boarding,
departure, or | 26 |
| transfer location;
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| (9) Or the individual assaulted is on or about a public | 2 |
| way, public
property, or public place of accommodation or | 3 |
| amusement;
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| (9.5) Is, or the individual assaulted is, in or about a | 5 |
| publicly or privately owned sports or entertainment arena, | 6 |
| stadium, community or convention hall, special event | 7 |
| center, amusement facility, or a special event center in a | 8 |
| public park during any 24-hour period when a professional | 9 |
| sporting event, National Collegiate Athletic Association | 10 |
| (NCAA)-sanctioned sporting event, United States Olympic | 11 |
| Committee-sanctioned sporting event, or International | 12 |
| Olympic Committee-sanctioned sporting event is taking | 13 |
| place in this venue;
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| (10) Knows the individual assaulted to be an employee | 15 |
| of the State of
Illinois, a municipal corporation therein | 16 |
| or a political subdivision
thereof, engaged in the | 17 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 19 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 21 |
| 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 | 23 |
| 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 | 26 |
| correctional officer, while
the officer is engaged in the |
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| execution of any of his or her official duties,
or to | 2 |
| prevent the officer from performing his or her official | 3 |
| duties, or in
retaliation for the officer performing his or | 4 |
| her official duties;
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| (15) Knows the individual assaulted to be a | 6 |
| correctional employee or
an employee of the Department of | 7 |
| Human Services supervising or controlling
sexually | 8 |
| dangerous persons or sexually violent persons, while
the | 9 |
| employee is engaged in the execution of any of his or her | 10 |
| official duties,
or to prevent the employee from performing | 11 |
| his or her official duties, or in
retaliation for the | 12 |
| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 14 |
| firearm in the direction
of the employee or in the | 15 |
| direction of a vehicle occupied by the employee;
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| (16) Knows the individual assaulted to be an employee | 17 |
| of a police or
sheriff's department, or a person who is | 18 |
| employed by a municipality and whose duties include traffic | 19 |
| control, engaged in the performance of his or her official | 20 |
| duties
as such employee;
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| (17) Knows the individual assaulted to be a sports | 22 |
| official or coach at any level of competition and the act | 23 |
| causing the assault to the sports official or coach | 24 |
| occurred within an athletic facility or an indoor or | 25 |
| outdoor playing field or within the immediate vicinity of | 26 |
| the athletic facility or an indoor or outdoor playing field |
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| at which the sports official or coach was an active | 2 |
| participant in the athletic contest held at the athletic | 3 |
| facility. For the purposes of this paragraph (17), "sports | 4 |
| official" means a person at an athletic contest who | 5 |
| enforces the rules of the contest, such as an umpire or | 6 |
| referee; and "coach" means a person recognized as a coach | 7 |
| by the sanctioning authority that conducted the athletic | 8 |
| contest;
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| (18) Knows the individual assaulted to be an emergency | 10 |
| management
worker, while the emergency management worker | 11 |
| is engaged in the execution of
any of his or her official | 12 |
| duties,
or to prevent the emergency management worker from | 13 |
| performing his or her
official duties, or in retaliation | 14 |
| for the emergency management worker
performing his or her | 15 |
| official duties, and the assault is committed other than
by | 16 |
| the discharge of a firearm in the direction of the | 17 |
| emergency management
worker or in the direction of a | 18 |
| vehicle occupied by the emergency management
worker; or | 19 |
| (19) Knows the individual assaulted to be a utility | 20 |
| worker, while the utility worker is engaged in the | 21 |
| execution of his or her duties, or to prevent the utility | 22 |
| worker from performing his or her duties, or in retaliation | 23 |
| for the utility worker performing his or her duties. In | 24 |
| this paragraph (19), "utility worker" means a person | 25 |
| employed by a public utility as defined in Section 3-105 of | 26 |
| the Public Utilities Act and also includes an employee of a |
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| municipally owned utility, an employee of a cable | 2 |
| television company, an employee of an electric
cooperative | 3 |
| as defined in Section 3-119 of the Public Utilities
Act, an | 4 |
| independent contractor or an employee of an independent
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| contractor working on behalf of a cable television company, | 6 |
| public utility, municipally
owned utility, or an electric | 7 |
| cooperative, or an employee of a
telecommunications | 8 |
| carrier as defined in Section 13-202 of the
Public | 9 |
| 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 | 12 |
| or
telecommunications cooperative as defined in Section | 13 |
| 13-212 of
the Public Utilities Act, or an independent | 14 |
| contractor or an
employee of an independent contractor | 15 |
| working on behalf of a
telephone or telecommunications | 16 |
| cooperative. | 17 |
| (a-5) A person commits an aggravated assault when he or she | 18 |
| knowingly and
without lawful justification shines or flashes a | 19 |
| laser gunsight or other laser
device that is attached or | 20 |
| affixed to a firearm, or used in concert with a
firearm, so | 21 |
| that the laser beam strikes near or in the immediate vicinity | 22 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through | 25 |
| (5.5) (5) and (8) through
(12) and (17) and (19) of subsection | 26 |
| (a) of this Section is a Class A misdemeanor. Aggravated
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| assault as defined in paragraphs (13), (14), and (15) of | 2 |
| subsection (a) of this
Section and as defined in subsection | 3 |
| (a-5) of this Section is a Class 4
felony. Aggravated assault | 4 |
| as defined in paragraphs
(6), (7), (16), and (18) of
subsection | 5 |
| (a) of this Section is a Class A misdemeanor if a firearm is | 6 |
| not
used in the commission of the assault. Aggravated assault | 7 |
| as defined in
paragraphs (6), (7), (16), and (18) of subsection | 8 |
| (a) of this
Section is a Class 4 felony if a firearm is used in | 9 |
| the commission of the
assault. Aggravated assault as defined in | 10 |
| paragraph (13.5) of subsection (a) is a Class 3 felony.
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| (c) For the purposes of paragraphs (1) and (6) of | 12 |
| subsection (a), "private security officer" means a registered | 13 |
| employee of a private security contractor agency under the | 14 |
| Private Detective, Private Alarm, Private Security, | 15 |
| Fingerprint Vendor, and Locksmith Act of 2004. | 16 |
| (Source: P.A. 94-243, eff. 1-1-06; 94-482, eff. 1-1-06; 95-236, | 17 |
| eff. 1-1-08; 95-292, eff. 8-20-07; 95-331, eff. 8-21-07; | 18 |
| 95-429, eff. 1-1-08; 95-591, eff. 9-10-07; 95-876, eff. | 19 |
| 8-21-08.)
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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 | 23 |
| knowingly
causes great bodily harm, or permanent disability or | 24 |
| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated |
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| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of | 3 |
| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to | 5 |
| conceal his
identity;
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| (3) Knows the individual harmed 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;
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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 | 15 |
| execution of
any official duties, or to prevent the | 16 |
| volunteer from performing official duties, or in
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| retaliation for the volunteer performing official
duties, | 18 |
| and the battery is committed other than by the discharge of | 19 |
| a firearm;
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| (7) Knows the individual harmed to be an emergency | 21 |
| medical technician -
ambulance, emergency medical | 22 |
| technician - intermediate, emergency medical
technician - | 23 |
| paramedic, ambulance driver, other medical assistance, | 24 |
| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to | 26 |
| prevent the emergency medical technician - ambulance, |
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| emergency medical
technician - intermediate, emergency | 2 |
| medical technician - paramedic, ambulance
driver, other | 3 |
| medical assistance, first aid personnel, or
hospital | 4 |
| personnel from performing
official duties, or in | 5 |
| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public | 7 |
| way, public
property or public place of accommodation or | 8 |
| amusement;
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| (8.5) Is, or the person battered is, on a publicly or | 10 |
| privately owned sports or entertainment arena, stadium, | 11 |
| community or convention hall, special event center, | 12 |
| amusement facility, or a special event center in a public | 13 |
| park during any 24-hour period when a professional sporting | 14 |
| event, National Collegiate Athletic Association | 15 |
| (NCAA)-sanctioned sporting event, United States Olympic | 16 |
| Committee-sanctioned sporting event, or International | 17 |
| Olympic Committee-sanctioned sporting event is taking | 18 |
| place in this venue;
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| (9) Knows the individual harmed to be the driver, | 20 |
| operator, employee
or passenger of any transportation | 21 |
| facility or system engaged in the
business of | 22 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 24 |
| such public
transportation as a passenger or using any area | 25 |
| of any description
designated by the transportation | 26 |
| facility or system as a vehicle
boarding, departure, or |
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| transfer location;
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| (10) Knows the individual harmed to be an individual of | 3 |
| 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 | 7 |
| 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 | 10 |
| physically
handicapped;
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| (15) Knowingly and without legal justification and by | 12 |
| any means causes
bodily harm to a merchant who detains the | 13 |
| person for an alleged commission of
retail theft under | 14 |
| Section 16A-5 of this Code.
In this item (15), "merchant" | 15 |
| has the meaning ascribed to it in Section
16A-2.4 of this | 16 |
| Code;
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| (16) Is, or the person battered is, in any building or | 18 |
| other structure
used to provide shelter or other services | 19 |
| to victims or to the dependent
children of victims of | 20 |
| domestic violence pursuant to the Illinois Domestic
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| Violence Act of 1986 or the Domestic Violence Shelters Act, | 22 |
| or the person
battered is within 500 feet of such a | 23 |
| building or other structure while going
to or from such a | 24 |
| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois | 26 |
| Domestic Violence Act of
1986. "Building or other structure |
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| used to provide shelter" has the meaning
ascribed to | 2 |
| "shelter" in Section 1 of the Domestic Violence Shelters | 3 |
| Act;
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| (17) (Blank);
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| (18) Knows the individual harmed to be an officer or | 6 |
| employee of the State of Illinois, a unit of local | 7 |
| government, or school district engaged in the performance | 8 |
| of his or her authorized duties as such officer or | 9 |
| employee; | 10 |
| (18.5) Knows the individual harmed to be a private | 11 |
| social service agency employee, such as a caseworker, | 12 |
| investigator, or other person, and such caseworker, | 13 |
| investigator, or other person is upon the grounds of a | 14 |
| private social service agency or grounds adjacent thereto, | 15 |
| or is in any part of a building being used for service | 16 |
| delivery, or upon the grounds of a private residence of an | 17 |
| adult service recipient or any other adult person being | 18 |
| interviewed or investigated in the worker's discharge of | 19 |
| his or her duties, or on the grounds adjacent thereto, or | 20 |
| is in any part of a building in which the recipient of | 21 |
| services resides or is located, including social services | 22 |
| staff working under contract with a State agency; | 23 |
| (19) Knows the individual harmed to be an emergency | 24 |
| management worker
engaged in the performance of any of his | 25 |
| or her official duties, or to prevent
the emergency | 26 |
| management worker from performing official duties, or in
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| retaliation for the emergency management worker performing | 2 |
| official duties; | 3 |
| (20) Knows the individual harmed to be a private | 4 |
| security officer engaged in the performance of any of his | 5 |
| or her official duties, or to prevent
the private security | 6 |
| officer from performing official duties, or in
retaliation | 7 |
| for the private security officer performing official | 8 |
| duties; or | 9 |
| (21)
Knows the individual harmed to be a taxi driver | 10 |
| and the battery is committed while the taxi driver is on | 11 |
| duty; or | 12 |
| (22)
Knows the individual harmed to be a utility | 13 |
| worker, while the utility worker is engaged in the | 14 |
| execution of his or her duties, or to prevent the utility | 15 |
| worker from performing his or her duties, or in retaliation | 16 |
| for the utility worker performing his or her duties. In | 17 |
| this paragraph (22), "utility worker" means a person | 18 |
| employed by a public utility as defined in Section 3-105 of | 19 |
| the Public Utilities Act and also includes an employee of a | 20 |
| municipally owned utility, an employee of a cable | 21 |
| television company, an employee of an electric
cooperative | 22 |
| as defined in Section 3-119 of the Public Utilities
Act, an | 23 |
| independent contractor or an employee of an independent
| 24 |
| contractor working on behalf of a cable television company, | 25 |
| public utility, municipally
owned utility, or an electric | 26 |
| cooperative, or an employee of a
telecommunications |
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| carrier as defined in Section 13-202 of the
Public | 2 |
| Utilities Act, an independent contractor or an employee of
| 3 |
| an independent contractor working on behalf of a
| 4 |
| telecommunications carrier, or an employee of a telephone | 5 |
| or
telecommunications cooperative as defined in Section | 6 |
| 13-212 of
the Public Utilities Act, or an independent | 7 |
| contractor or an
employee of an independent contractor | 8 |
| working on behalf of a
telephone or telecommunications | 9 |
| cooperative.
| 10 |
| For the purpose of paragraph (14) of subsection (b) of this | 11 |
| Section, a
physically handicapped person is a person who | 12 |
| suffers from a permanent and
disabling physical | 13 |
| characteristic, resulting from disease, injury,
functional | 14 |
| disorder or congenital condition.
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| For the purpose of paragraph (20) of subsection (b) and | 16 |
| subsection (e) of this Section, "private security officer" | 17 |
| means a registered employee of a private security contractor | 18 |
| agency under the Private Detective, Private Alarm, Private | 19 |
| Security, Fingerprint Vendor, and Locksmith Act of 2004. | 20 |
| (c) A person who administers to an individual or causes him | 21 |
| to take,
without his consent or by threat or deception, and for | 22 |
| other than
medical purposes, any intoxicating, poisonous, | 23 |
| stupefying, narcotic,
anesthetic, or controlled substance | 24 |
| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food | 26 |
| that
contains any substance or object that is intended to cause |
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| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she | 3 |
| knowingly and
without lawful justification shines or flashes a | 4 |
| laser gunsight or other laser
device that is attached or | 5 |
| affixed to a firearm, or used in concert with a
firearm, so | 6 |
| that the laser beam strikes upon or against the person of | 7 |
| another.
| 8 |
| (d-5) An inmate of a penal institution or a sexually | 9 |
| dangerous person or a
sexually violent person in the custody of | 10 |
| the Department of Human Services
who causes or attempts to | 11 |
| cause a
correctional employee of the penal institution or an | 12 |
| employee of the
Department of Human Services to come into | 13 |
| contact with blood,
seminal fluid, urine, or feces, by | 14 |
| throwing, tossing, or expelling that fluid
or material commits | 15 |
| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a | 17 |
| penal institution.
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| (e) Sentence.
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| (1) Except as otherwise provided in paragraphs (2), | 20 |
| (3), and (4) aggravated battery is a Class 3 felony. | 21 |
| (2) Aggravated battery that does not cause great bodily | 22 |
| harm or permanent disability or disfigurement is a Class 2 | 23 |
| felony when the person knows
the individual harmed to be a | 24 |
| peace officer, a community
policing volunteer, a public or | 25 |
| private social service agency employee, such as a | 26 |
| caseworker, investigator, or other person, a private |
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HB0164 Engrossed |
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| security officer, a correctional institution employee, an
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| employee of the Department of Human Services supervising or
| 3 |
| controlling sexually dangerous persons or sexually violent
| 4 |
| persons, or a fireman while such officer, volunteer, | 5 |
| employee,
or fireman is engaged in the execution of any | 6 |
| official duties
including arrest or attempted arrest, or to | 7 |
| prevent the
officer, volunteer, employee, or fireman from | 8 |
| performing
official duties, or in retaliation for the | 9 |
| officer, volunteer,
employee, or fireman performing | 10 |
| official duties, and the
battery is committed other than by | 11 |
| the discharge of a firearm.
| 12 |
| (3) Aggravated battery that causes great bodily harm or | 13 |
| permanent disability or disfigurement in
violation of | 14 |
| subsection (a)
is a Class 1 felony when the person knows | 15 |
| the individual harmed to be a peace
officer, a community
| 16 |
| policing volunteer, a public or private social service | 17 |
| agency employee, such as a caseworker, investigator, or | 18 |
| other person, a private security officer, a correctional | 19 |
| institution employee, an employee
of the Department of | 20 |
| Human Services supervising or controlling sexually
| 21 |
| dangerous persons or sexually violent persons, or a fireman | 22 |
| while
such officer, volunteer, employee, or fireman is | 23 |
| engaged in the execution of
any official duties including | 24 |
| arrest or attempted arrest, or to prevent the
officer, | 25 |
| volunteer, employee, or fireman from performing official | 26 |
| duties, or in
retaliation for the officer, volunteer, |
|
|
|
HB0164 Engrossed |
- 18 - |
LRB096 03321 RLC 13342 b |
|
| 1 |
| employee, or fireman performing official
duties, and the | 2 |
| battery is committed other than by the discharge of a | 3 |
| firearm.
| 4 |
| (4) Aggravated battery under subsection (d-5) is a | 5 |
| Class 2 felony. | 6 |
| (Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, | 7 |
| eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06; | 8 |
| 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07; | 9 |
| 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, eff. | 10 |
| 8-21-08.)
|
|