Full Text of HB0594 96th General Assembly
HB0594enr 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 12-3.3 and 12-4 as follows:
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| (720 ILCS 5/12-3.3)
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| Sec. 12-3.3. Aggravated domestic battery.
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| (a) A person who, in committing a domestic battery, | 9 |
| intentionally or
knowingly causes great bodily harm, or | 10 |
| permanent disability or disfigurement
commits aggravated | 11 |
| domestic battery.
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| (a-5) A person who, in committing a domestic battery, | 13 |
| strangles another individual commits aggravated domestic | 14 |
| battery. For the purposes of this subsection (a-5), "strangle" | 15 |
| means intentionally impeding the normal breathing or | 16 |
| circulation of the blood of an individual by applying pressure | 17 |
| on the throat or neck of that individual or by blocking the | 18 |
| nose or mouth of that individual. | 19 |
| (b) Sentence. Aggravated domestic battery is a Class 2 | 20 |
| felony. Any order
of probation or conditional discharge entered | 21 |
| following a conviction for an
offense under this Section must | 22 |
| include, in addition to any other condition of
probation or | 23 |
| conditional discharge, a condition that the offender serve a
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| mandatory term of imprisonment of not less than 60 consecutive | 2 |
| days. A person
convicted of a second or subsequent violation of | 3 |
| this Section must be
sentenced to a mandatory term of | 4 |
| imprisonment of not less than 3 years and not
more than 7 years | 5 |
| or an extended term of imprisonment of not less than 7 years
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| and not more than 14 years.
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| (Source: P.A. 91-445, eff. 1-1-00.)
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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 | 11 |
| knowingly
causes great bodily harm, or permanent disability or | 12 |
| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated | 14 |
| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of | 16 |
| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to | 18 |
| conceal his
identity;
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| (3) Knows the individual harmed to be a teacher or | 20 |
| other person
employed in any school and such teacher or | 21 |
| other employee is upon the
grounds of a school or grounds | 22 |
| adjacent thereto, or is in any part of a
building used for | 23 |
| 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 | 3 |
| execution of
any official duties, or to prevent the | 4 |
| volunteer from performing official duties, or in
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| retaliation for the volunteer performing official
duties, | 6 |
| and the battery is committed other than by the discharge of | 7 |
| a firearm;
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| (7) Knows the individual harmed to be an emergency | 9 |
| medical technician -
ambulance, emergency medical | 10 |
| technician - intermediate, emergency medical
technician - | 11 |
| paramedic, ambulance driver, other medical assistance, | 12 |
| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to | 14 |
| prevent the emergency medical technician - ambulance, | 15 |
| emergency medical
technician - intermediate, emergency | 16 |
| medical technician - paramedic, ambulance
driver, other | 17 |
| medical assistance, first aid personnel, or
hospital | 18 |
| personnel from performing
official duties, or in | 19 |
| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public | 21 |
| way, public
property or public place of accommodation or | 22 |
| amusement;
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| (8.5) Is, or the person battered is, on a publicly or | 24 |
| privately owned sports or entertainment arena, stadium, | 25 |
| community or convention hall, special event center, | 26 |
| amusement facility, or a special event center in a public |
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| park during any 24-hour period when a professional sporting | 2 |
| event, National Collegiate Athletic Association | 3 |
| (NCAA)-sanctioned sporting event, United States Olympic | 4 |
| Committee-sanctioned sporting event, or International | 5 |
| Olympic Committee-sanctioned sporting event is taking | 6 |
| place in this venue;
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| (9) Knows the individual harmed to be the driver, | 8 |
| operator, employee
or passenger of any transportation | 9 |
| facility or system engaged in the
business of | 10 |
| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 12 |
| such public
transportation as a passenger or using any area | 13 |
| of any description
designated by the transportation | 14 |
| facility or system as a vehicle
boarding, departure, or | 15 |
| transfer location;
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| (10) Knows the individual harmed to be an individual of | 17 |
| 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 | 21 |
| 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 | 24 |
| physically
handicapped;
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| (15) Knowingly and without legal justification and by | 26 |
| any means causes
bodily harm to a merchant who detains the |
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| person for an alleged commission of
retail theft under | 2 |
| Section 16A-5 of this Code.
In this item (15), "merchant" | 3 |
| has the meaning ascribed to it in Section
16A-2.4 of this | 4 |
| Code;
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| (16) Is, or the person battered is, in any building or | 6 |
| other structure
used to provide shelter or other services | 7 |
| to victims or to the dependent
children of victims of | 8 |
| domestic violence pursuant to the Illinois Domestic
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| Violence Act of 1986 or the Domestic Violence Shelters Act, | 10 |
| or the person
battered is within 500 feet of such a | 11 |
| building or other structure while going
to or from such a | 12 |
| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois | 14 |
| Domestic Violence Act of
1986. "Building or other structure | 15 |
| used to provide shelter" has the meaning
ascribed to | 16 |
| "shelter" in Section 1 of the Domestic Violence Shelters | 17 |
| Act;
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| (17) (Blank);
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| (18) Knows the individual harmed to be an officer or | 20 |
| employee of the State of Illinois, a unit of local | 21 |
| government, or school district engaged in the performance | 22 |
| of his or her authorized duties as such officer or | 23 |
| employee; | 24 |
| (19) Knows the individual harmed to be an emergency | 25 |
| management worker
engaged in the performance of any of his | 26 |
| or her official duties, or to prevent
the emergency |
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| management worker from performing official duties, or in
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| retaliation for the emergency management worker performing | 3 |
| official duties; | 4 |
| (20) Knows the individual harmed to be a private | 5 |
| security officer engaged in the performance of any of his | 6 |
| or her official duties, or to prevent
the private security | 7 |
| officer from performing official duties, or in
retaliation | 8 |
| for the private security officer performing official | 9 |
| duties; or | 10 |
| (21)
Knows the individual harmed to be a taxi driver | 11 |
| and the battery is committed while the taxi driver is on | 12 |
| duty; or | 13 |
| (22)
Knows the individual harmed to be a utility | 14 |
| worker, while the utility worker is engaged in the | 15 |
| execution of his or her duties, or to prevent the utility | 16 |
| worker from performing his or her duties, or in retaliation | 17 |
| for the utility worker performing his or her duties. In | 18 |
| this paragraph (22), "utility worker" means a person | 19 |
| employed by a public utility as defined in Section 3-105 of | 20 |
| the Public Utilities Act and also includes an employee of a | 21 |
| municipally owned utility, an employee of a cable | 22 |
| television company, an employee of an electric
cooperative | 23 |
| as defined in Section 3-119 of the Public Utilities
Act, an | 24 |
| independent contractor or an employee of an independent
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| contractor working on behalf of a cable television company, | 26 |
| public utility, municipally
owned utility, or an electric |
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| cooperative, or an employee of a
telecommunications | 2 |
| carrier as defined in Section 13-202 of the
Public | 3 |
| 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 | 6 |
| or
telecommunications cooperative as defined in Section | 7 |
| 13-212 of
the Public Utilities Act, or an independent | 8 |
| contractor or an
employee of an independent contractor | 9 |
| working on behalf of a
telephone or telecommunications | 10 |
| cooperative.
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| For the purpose of paragraph (14) of subsection (b) of this | 12 |
| Section, a
physically handicapped person is a person who | 13 |
| suffers from a permanent and
disabling physical | 14 |
| characteristic, resulting from disease, injury,
functional | 15 |
| disorder or congenital condition.
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| For the purpose of paragraph (20) of subsection (b) and | 17 |
| subsection (e) of this Section, "private security officer" | 18 |
| means a registered employee of a private security contractor | 19 |
| agency under the Private Detective, Private Alarm, Private | 20 |
| Security, Fingerprint Vendor, and Locksmith Act of 2004. | 21 |
| (c) A person who administers to an individual or causes him | 22 |
| to take,
without his consent or by threat or deception, and for | 23 |
| other than
medical purposes, any intoxicating, poisonous, | 24 |
| stupefying, narcotic,
anesthetic, or controlled substance | 25 |
| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food |
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| that
contains any substance or object that is intended to cause | 2 |
| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she | 4 |
| knowingly and
without lawful justification shines or flashes a | 5 |
| laser gunsight or other laser
device that is attached or | 6 |
| affixed to a firearm, or used in concert with a
firearm, so | 7 |
| that the laser beam strikes upon or against the person of | 8 |
| another.
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| (d-5) An inmate of a penal institution or a sexually | 10 |
| dangerous person or a
sexually violent person in the custody of | 11 |
| the Department of Human Services
who causes or attempts to | 12 |
| cause a
correctional employee of the penal institution or an | 13 |
| employee of the
Department of Human Services to come into | 14 |
| contact with blood,
seminal fluid, urine, or feces, by | 15 |
| throwing, tossing, or expelling that fluid
or material commits | 16 |
| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a | 18 |
| penal institution.
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| (d-6) A person commits aggravated battery when he or she, | 20 |
| in committing a battery, strangles another individual. For the | 21 |
| purposes of this subsection (d-6), "strangle" means | 22 |
| intentionally impeding the normal breathing or circulation of | 23 |
| the blood of an individual by applying pressure on the throat | 24 |
| or neck of that individual or by blocking the nose or mouth of | 25 |
| that individual. | 26 |
| (e) Sentence.
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| (1) Except as otherwise provided in paragraphs (2), | 2 |
| (3), and (4) aggravated battery is a Class 3 felony. | 3 |
| (2) Aggravated battery that does not cause great bodily | 4 |
| harm or permanent disability or disfigurement is a Class 2 | 5 |
| felony when the person knows
the individual harmed to be a | 6 |
| peace officer, a community
policing volunteer, a private | 7 |
| security officer, a correctional institution employee, an
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| employee of the Department of Human Services supervising or
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| controlling sexually dangerous persons or sexually violent
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| persons, or a fireman while such officer, volunteer, | 11 |
| employee,
or fireman is engaged in the execution of any | 12 |
| official duties
including arrest or attempted arrest, or to | 13 |
| prevent the
officer, volunteer, employee, or fireman from | 14 |
| performing
official duties, or in retaliation for the | 15 |
| officer, volunteer,
employee, or fireman performing | 16 |
| official duties, and the
battery is committed other than by | 17 |
| the discharge of a firearm.
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| (3) Aggravated battery that causes great bodily harm or | 19 |
| permanent disability or disfigurement in
violation of | 20 |
| subsection (a)
is a Class 1 felony when the person knows | 21 |
| the individual harmed to be a peace
officer, a community
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| policing volunteer, a private security officer, a | 23 |
| correctional institution employee, an employee
of the | 24 |
| Department of Human Services supervising or controlling | 25 |
| sexually
dangerous persons or sexually violent persons, or | 26 |
| a fireman while
such officer, volunteer, employee, or |
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| fireman is engaged in the execution of
any official duties | 2 |
| including arrest or attempted arrest, or to prevent the
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| officer, volunteer, employee, or fireman from performing | 4 |
| official duties, or in
retaliation for the officer, | 5 |
| volunteer, employee, or fireman performing official
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| duties, and the battery is committed other than by the | 7 |
| discharge of a firearm.
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| (4) Aggravated battery under subsection (d-5) is a | 9 |
| Class 2 felony. | 10 |
| (5) Aggravated battery under subsection (d-6) is a | 11 |
| Class 1 felony if: | 12 |
| (A) the person used or attempted to use a dangerous | 13 |
| instrument while committing the offense; or | 14 |
| (B) the person caused great bodily harm or | 15 |
| permanent disability or disfigurement to the other | 16 |
| person while committing the offense; or | 17 |
| (C) the person has been previously convicted of a | 18 |
| violation of subsection (d-6) under the laws of this | 19 |
| State or laws similar to subsection (d-6) of any other | 20 |
| state. | 21 |
| (Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, | 22 |
| eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06; | 23 |
| 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07; | 24 |
| 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, eff. | 25 |
| 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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