Full Text of HB5280 96th General Assembly
HB5280 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5280
Introduced 2/3/2010, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-2 |
from Ch. 38, par. 12-2 |
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Amends the Criminal Code of 1961. Increases from a Class A misdemeanor to a Class 4 felony the aggravated assault of a peace officer, a community
policing volunteer, a private security officer, or a fireman
while the officer or fireman is engaged in the execution of any of his
or her official duties, or to prevent the officer, community policing volunteer,
or fireman from performing
his or her official duties, or in retaliation for the officer, community policing
volunteer, or fireman
performing his or her official duties, and the assault is committed other than by
the discharge of a firearm in the direction of the officer or fireman or
in the direction of a vehicle occupied by the officer or fireman. Effective immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5280 |
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LRB096 18302 RLC 33677 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 12-2 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, 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
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| officer or fireman from performing his official duties, or | 23 |
| in retaliation
for the officer or fireman performing his |
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LRB096 18302 RLC 33677 b |
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| official duties;
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| (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;
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| (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;
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| (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;
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| (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
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| 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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| of a public aid applicant, recipient or any other person
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| being interviewed or investigated in the employee's | 3 |
| employees' discharge of his
duties, or on grounds adjacent | 4 |
| thereto, or is in any part of a building in
which the | 5 |
| applicant, recipient, or other such person resides or is | 6 |
| located;
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| (6) Knows the individual assaulted to be a peace | 8 |
| officer, a community
policing volunteer, a private | 9 |
| security officer, or a fireman
while the officer or fireman | 10 |
| is engaged in the execution of any of his
official duties, | 11 |
| or to prevent the officer, community policing volunteer,
or | 12 |
| fireman from performing
his official duties, or in | 13 |
| retaliation for the officer, community policing
volunteer, | 14 |
| or fireman
performing his official duties, and the assault | 15 |
| is committed other than by
the discharge of a firearm in | 16 |
| the direction of the officer or fireman or
in the direction | 17 |
| of a vehicle occupied by the officer or fireman;
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| (7) Knows the individual assaulted to be
an emergency | 19 |
| medical technician - ambulance, emergency medical
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| technician - intermediate, emergency medical technician - | 21 |
| paramedic, ambulance
driver or other medical
assistance or | 22 |
| first aid personnel engaged in the
execution of any of his | 23 |
| official duties, or to prevent the
emergency medical | 24 |
| technician - ambulance, emergency medical
technician - | 25 |
| intermediate, emergency medical technician - paramedic,
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| ambulance driver, or other medical assistance or first aid |
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| personnel from
performing his official duties, or in | 2 |
| retaliation for the
emergency medical technician - | 3 |
| ambulance, emergency medical
technician - intermediate, | 4 |
| emergency medical technician - paramedic,
ambulance | 5 |
| 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, | 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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| (9) Or the individual assaulted is on or about a public | 17 |
| way, public
property, or public place of accommodation or | 18 |
| amusement;
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| (9.5) Is, or the individual assaulted is, in or about a | 20 |
| publicly or privately owned sports or entertainment arena, | 21 |
| stadium, community or convention hall, special event | 22 |
| center, amusement facility, or a special event center in a | 23 |
| public park during any 24-hour period when a professional | 24 |
| sporting event, National Collegiate Athletic Association | 25 |
| (NCAA)-sanctioned sporting event, United States Olympic | 26 |
| Committee-sanctioned sporting event, or International |
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| Olympic Committee-sanctioned sporting event is taking | 2 |
| place in this venue;
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| (10) Knows the individual assaulted to be an employee | 4 |
| of the State of
Illinois, a municipal corporation therein | 5 |
| or a political subdivision
thereof, engaged in the | 6 |
| performance of his authorized duties as such
employee;
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| (11) Knowingly and without legal justification, | 8 |
| commits an assault on
a physically handicapped person;
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| (12) Knowingly and without legal justification, | 10 |
| 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 | 12 |
| 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 | 15 |
| correctional officer, while
the officer is engaged in the | 16 |
| execution of any of his or her official duties,
or to | 17 |
| prevent the officer from performing his or her official | 18 |
| duties, or in
retaliation for the officer performing his or | 19 |
| her official duties;
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| (15) Knows the individual assaulted to be a | 21 |
| correctional employee or
an employee of the Department of | 22 |
| Human Services supervising or controlling
sexually | 23 |
| dangerous persons or sexually violent persons, while
the | 24 |
| employee is engaged in the execution of any of his or her | 25 |
| official duties,
or to prevent the employee from performing | 26 |
| his or her official duties, or in
retaliation for the |
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| employee performing his or her official duties, and the
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| assault is committed other than by the discharge of a | 3 |
| firearm in the direction
of the employee or in the | 4 |
| direction of a vehicle occupied by the employee;
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| (16) Knows the individual assaulted to be an employee | 6 |
| of a police or
sheriff's department, or a person who is | 7 |
| employed by a municipality and whose duties include traffic | 8 |
| control, engaged in the performance of his or her official | 9 |
| duties
as such employee;
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| (17) Knows the individual assaulted to be a sports | 11 |
| official or coach at any level of competition and the act | 12 |
| causing the assault to the sports official or coach | 13 |
| occurred within an athletic facility or an indoor or | 14 |
| outdoor playing field or within the immediate vicinity of | 15 |
| the athletic facility or an indoor or outdoor playing field | 16 |
| at which the sports official or coach was an active | 17 |
| participant in the athletic contest held at the athletic | 18 |
| facility. For the purposes of this paragraph (17), "sports | 19 |
| official" means a person at an athletic contest who | 20 |
| enforces the rules of the contest, such as an umpire or | 21 |
| referee; and "coach" means a person recognized as a coach | 22 |
| by the sanctioning authority that conducted the athletic | 23 |
| contest;
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| (18) Knows the individual assaulted to be an emergency | 25 |
| management
worker, while the emergency management worker | 26 |
| is engaged in the execution of
any of his or her official |
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| duties,
or to prevent the emergency management worker from | 2 |
| performing his or her
official duties, or in retaliation | 3 |
| for the emergency management worker
performing his or her | 4 |
| official duties, and the assault is committed other than
by | 5 |
| the discharge of a firearm in the direction of the | 6 |
| emergency management
worker or in the direction of a | 7 |
| vehicle occupied by the emergency management
worker; or | 8 |
| (19) Knows the individual assaulted to be a utility | 9 |
| worker, while the utility worker is engaged in the | 10 |
| execution of his or her duties, or to prevent the utility | 11 |
| worker from performing his or her duties, or in retaliation | 12 |
| for the utility worker performing his or her duties. In | 13 |
| this paragraph (19), "utility worker" means a person | 14 |
| employed by a public utility as defined in Section 3-105 of | 15 |
| the Public Utilities Act and also includes an employee of a | 16 |
| municipally owned utility, an employee of a cable | 17 |
| television company, an employee of an electric
cooperative | 18 |
| as defined in Section 3-119 of the Public Utilities
Act, an | 19 |
| independent contractor or an employee of an independent
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| contractor working on behalf of a cable television company, | 21 |
| public utility, municipally
owned utility, or an electric | 22 |
| cooperative, or an employee of a
telecommunications | 23 |
| carrier as defined in Section 13-202 of the
Public | 24 |
| 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 |
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| or
telecommunications cooperative as defined in Section | 2 |
| 13-212 of
the Public Utilities Act, or an independent | 3 |
| contractor or an
employee of an independent contractor | 4 |
| working on behalf of a
telephone or telecommunications | 5 |
| cooperative. | 6 |
| (a-5) A person commits an aggravated assault when he or she | 7 |
| knowingly and
without lawful justification shines or flashes a | 8 |
| laser gunsight or other laser
device that is attached or | 9 |
| affixed to a firearm, or used in concert with a
firearm, so | 10 |
| that the laser beam strikes near or in the immediate vicinity | 11 |
| of
any person.
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| (b) Sentence.
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| Aggravated assault as defined in paragraphs (1) through (5) | 14 |
| and (8) through
(12) and (17) and (19) of subsection (a) of | 15 |
| this Section is a Class A misdemeanor. Aggravated
assault as | 16 |
| defined in paragraphs (6), (13), (14), and (15) of subsection | 17 |
| (a) of this
Section and as defined in subsection (a-5) of this | 18 |
| Section is a Class 4
felony. Aggravated assault as defined in | 19 |
| paragraphs
(6), (7), (16), and (18) of
subsection (a) of this | 20 |
| Section is a Class A misdemeanor if a firearm is not
used in | 21 |
| the commission of the assault. Aggravated assault as defined in
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| paragraphs (6), (7), (16), and (18) of subsection (a) of this
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| Section is a Class 4 felony if a firearm is used in the | 24 |
| commission of the
assault. Aggravated assault as defined in | 25 |
| 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 |
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| subsection (a), "private security officer" means a registered | 2 |
| employee of a private security contractor agency under the | 3 |
| Private Detective, Private Alarm, Private Security, | 4 |
| Fingerprint Vendor, and Locksmith Act of 2004. | 5 |
| (Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07; | 6 |
| 95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff. | 7 |
| 9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; revised | 8 |
| 11-4-09.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.
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