Full Text of HB0456 94th General Assembly
HB0456 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0456
Introduced 1/26/2005, by Rep. Patricia Reid Lindner SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-4 |
from Ch. 38, par. 12-4 |
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Amends the Criminal Code of 1961 in relation to aggravated battery. Changes references in the aggravated battery statute from "harmed" to "battered" and from "causes bodily harm to" to "batters".
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0456 |
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LRB094 07117 RLC 37262 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 12-4 as follows:
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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 | 9 |
| knowingly
causes great bodily harm, or permanent disability or | 10 |
| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated | 12 |
| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of | 14 |
| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to | 16 |
| conceal his
identity;
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| (3) Knows the individual battered
harmed to be a | 18 |
| teacher or other person
employed in any school and such | 19 |
| teacher or other employee is upon the
grounds of a school | 20 |
| or grounds adjacent thereto, or is in any part of a
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| building used for school purposes;
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| (4) Knows the individual battered
harmed to be a | 23 |
| supervisor, director,
instructor or other person employed | 24 |
| in any park district and such
supervisor, director, | 25 |
| instructor or other employee is upon the grounds
of the | 26 |
| park or grounds adjacent thereto, or is in any part of a | 27 |
| building
used for park purposes;
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| (5) Knows the individual battered
harmed to be a | 29 |
| caseworker, investigator, or
other person employed by the | 30 |
| State Department of Public Aid, a County
Department of | 31 |
| Public Aid, or the Department of Human Services (acting as
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| successor to the Illinois Department of Public Aid under |
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HB0456 |
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LRB094 07117 RLC 37262 b |
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| the Department of
Human Services Act) and such caseworker, | 2 |
| investigator, or other
person is upon the grounds of a | 3 |
| public aid office or grounds adjacent
thereto, or is in any | 4 |
| part of a building used for public aid purposes,
or upon | 5 |
| the grounds of a home of a public aid applicant, recipient, | 6 |
| or
any other person being interviewed or investigated in | 7 |
| the employee's
discharge of his duties, or on grounds | 8 |
| adjacent thereto, or is in any
part of a building in which | 9 |
| the applicant, recipient, or other such
person resides or | 10 |
| is located;
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| (6) Knows the individual battered
harmed to be a peace | 12 |
| officer, a community
policing volunteer, a correctional | 13 |
| institution employee, an employee
of the Department of | 14 |
| Human Services supervising or controlling sexually
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| dangerous persons or sexually violent persons, or a fireman | 16 |
| while
such officer, volunteer, employee or fireman is | 17 |
| engaged in the execution of
any official duties including | 18 |
| arrest or attempted arrest, or to prevent the
officer, | 19 |
| volunteer, employee or fireman from performing official | 20 |
| duties, or in
retaliation for the officer, volunteer, | 21 |
| employee or fireman performing official
duties, and the | 22 |
| battery is committed other than by the discharge of a | 23 |
| firearm;
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| (7) Knows the individual battered
harmed to be an | 25 |
| emergency medical technician -
ambulance, emergency | 26 |
| medical technician - intermediate, emergency medical
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| technician - paramedic, ambulance driver, other medical | 28 |
| assistance, first
aid personnel, or hospital personnel | 29 |
| engaged in the
performance of any of his or her official | 30 |
| duties,
or to prevent the emergency medical technician - | 31 |
| ambulance, emergency medical
technician - intermediate, | 32 |
| emergency medical technician - paramedic, ambulance
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| driver, other medical assistance, first aid personnel, or
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| hospital personnel from performing
official duties, or in | 35 |
| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public |
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HB0456 |
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LRB094 07117 RLC 37262 b |
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| way, public
property or public place of accommodation or | 2 |
| amusement;
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| (9) Knows the individual battered
harmed to be the | 4 |
| driver, operator, employee
or passenger of any | 5 |
| transportation facility or system engaged in the
business | 6 |
| of transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using | 8 |
| such public
transportation as a passenger or using any area | 9 |
| of any description
designated by the transportation | 10 |
| facility or system as a vehicle
boarding, departure, or | 11 |
| transfer location;
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| (10) Knowingly and without legal justification and by | 13 |
| any means
batters
causes bodily harm to an individual of 60 | 14 |
| years of age or older;
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| (11) Knows the individual battered
harmed is pregnant;
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| (12) Knows the individual battered
harmed to be a judge | 17 |
| whom the
person intended to batter
harm as a result of the | 18 |
| judge's performance of his or
her official duties as a | 19 |
| judge;
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| (13) Knows the individual battered
harmed to be an | 21 |
| employee of the Illinois
Department of Children and Family | 22 |
| Services engaged in the performance of
his authorized | 23 |
| duties as such employee;
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| (14) Knows the individual battered
harmed to be a | 25 |
| person who is physically
handicapped;
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| (15) Knowingly and without legal justification and by | 27 |
| any means batters
causes
bodily harm to a merchant who | 28 |
| detains the person for an alleged commission of
retail | 29 |
| theft under Section 16A-5 of this Code.
In this item (15), | 30 |
| "merchant" has the meaning ascribed to it in Section
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| 16A-2.4 of this Code;
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| (16) Is, or the person battered is, in any building or | 33 |
| other structure
used to provide shelter or other services | 34 |
| to victims or to the dependent
children of victims of | 35 |
| domestic violence pursuant to the Illinois Domestic
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| Violence Act of 1986 or the Domestic Violence Shelters Act, |
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HB0456 |
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LRB094 07117 RLC 37262 b |
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| or the person
battered is within 500 feet of such a | 2 |
| building or other structure while going
to or from such a | 3 |
| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois | 5 |
| Domestic Violence Act of
1986. "Building or other structure | 6 |
| used to provide shelter" has the meaning
ascribed to | 7 |
| "shelter" in Section 1 of the Domestic Violence Shelters | 8 |
| Act; or
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| (17) Knows the individual battered
harmed to be an | 10 |
| employee of a police or
sheriff's department engaged in the | 11 |
| performance of his or her official duties
as such employee.
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| For the purpose of paragraph (14) of subsection (b) of this | 13 |
| Section, a
physically handicapped person is a person who | 14 |
| suffers from a permanent and
disabling physical | 15 |
| characteristic, resulting from disease, injury,
functional | 16 |
| disorder or congenital condition.
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| (c) A person who administers to an individual or causes him | 18 |
| to take,
without his consent or by threat or deception, and for | 19 |
| other than
medical purposes, any intoxicating, poisonous, | 20 |
| stupefying, narcotic,
anesthetic, or controlled substance | 21 |
| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food | 23 |
| that
contains any substance or object that is intended to cause | 24 |
| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she | 26 |
| knowingly and
without lawful justification shines or flashes a | 27 |
| laser gunsight or other laser
device that is attached or | 28 |
| affixed to a firearm, or used in concert with a
firearm, so | 29 |
| that the laser beam strikes upon or against the person of | 30 |
| another.
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| (d-5) An inmate of a penal institution or a sexually | 32 |
| dangerous person or a
sexually violent person in the custody of | 33 |
| the Department of Human Services
who causes or attempts to | 34 |
| cause a
correctional employee of the penal institution or an | 35 |
| employee of the
Department of Human Services to come into | 36 |
| contact with blood,
seminal fluid, urine, or feces, by |
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HB0456 |
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LRB094 07117 RLC 37262 b |
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| throwing, tossing, or expelling that fluid
or material commits | 2 |
| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a | 4 |
| penal institution.
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| (e) Sentence.
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| Aggravated battery is a Class 3 felony, except a violation | 7 |
| of subsection (a)
is a Class 2 felony when the person knows the | 8 |
| individual battered
harmed to be a peace
officer engaged in the | 9 |
| execution of any of his or her official duties, or the
battery | 10 |
| is to prevent the officer from performing his or her official | 11 |
| duties,
or in retaliation for the officer performing his or her | 12 |
| official duties.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-516, eff. 1-1-02; 92-841, | 14 |
| eff.
8-22-02; 92-865, eff. 1-3-03; 93-83, eff. 7-2-03.)
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