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90_HB1092
720 ILCS 5/12-4 from Ch. 38, par. 12-4
Amends the Criminal Code of 1961. Provides that the
commission of a battery on a person known to be a sports
official at any level of competition and in which the act
causing harm to the sports official occurred within an
athletic facility or within the immediate vicinity of the
facility at which the sports official was an active
participant of the athletic contest held at the facility is
aggravated battery. Provides that the penalty is a Class 4
felony. Effective immediately.
LRB9003841RCks
LRB9003841RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-4 as follows:
7 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 12-4. Aggravated Battery.
10 (a) A person who, in committing a battery, intentionally
11 or knowingly causes great bodily harm, or permanent
12 disability or disfigurement commits aggravated battery.
13 (b) In committing a battery, a person commits aggravated
14 battery if he or she:
15 (1) Uses a deadly weapon other than by the
16 discharge of a firearm;
17 (2) Is hooded, robed or masked, in such manner as
18 to conceal his identity;
19 (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
23 for school purposes;
24 (4) Knows the individual harmed to be a supervisor,
25 director, instructor or other person employed in any park
26 district and such supervisor, director, instructor or
27 other employee is upon the grounds of the park or grounds
28 adjacent thereto, or is in any part of a building used
29 for park purposes;
30 (5) Knows the individual harmed to be a caseworker,
31 investigator, or other person employed by the State
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1 Department of Public Aid or a County Department of Public
2 Aid and such caseworker, investigator, or other person is
3 upon the grounds of a Public Aid office or grounds
4 adjacent thereto, or is in any part of a building used
5 for Public Aid purposes, or upon the grounds of a home of
6 a public aid applicant, recipient, or any other person
7 being interviewed or investigated in the employee's
8 discharge of his duties, or on grounds adjacent thereto,
9 or is in any part of a building in which the applicant,
10 recipient, or other such person resides or is located;
11 (6) Knows the individual harmed to be a peace
12 officer, a person summoned and directed by a peace
13 officer, a correctional institution employee, or a
14 fireman while such officer, employee or fireman is
15 engaged in the execution of any official duties including
16 arrest or attempted arrest, or to prevent the officer,
17 employee or fireman from performing official duties, or
18 in retaliation for the officer, employee or fireman
19 performing official duties, and the battery is committed
20 other than by the discharge of a firearm;
21 (7) Knows the individual harmed to be an emergency
22 medical technician - ambulance, emergency medical
23 technician - intermediate, emergency medical technician -
24 paramedic, ambulance driver or other medical assistance
25 or first aid personnel engaged in the performance of any
26 of his or her official duties, or to prevent the
27 emergency medical technician - ambulance, emergency
28 medical technician - intermediate, emergency medical
29 technician - paramedic, ambulance driver, or other
30 medical assistance or first aid personnel from performing
31 official duties, or in retaliation for performing
32 official duties;
33 (8) Is, or the person battered is, on or about a
34 public way, public property or public place of
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1 accommodation or amusement;
2 (9) Knows the individual harmed to be the driver,
3 operator, employee or passenger of any transportation
4 facility or system engaged in the business of
5 transportation of the public for hire and the individual
6 assaulted is then performing in such capacity or then
7 using such public transportation as a passenger or using
8 any area of any description designated by the
9 transportation facility or system as a vehicle boarding,
10 departure, or transfer location;
11 (10) Knowingly and without legal justification and
12 by any means causes bodily harm to an individual of 60
13 years of age or older;
14 (11) Knows the individual harmed is pregnant;
15 (12) Knows the individual harmed to be a judge whom
16 the person intended to harm as a result of the judge's
17 performance of his or her official duties as a judge;
18 (13) Knows the individual harmed to be an employee
19 of the Illinois Department of Children and Family
20 Services engaged in the performance of his authorized
21 duties as such employee; or
22 (14) Knows the individual harmed to be a person who
23 is physically handicapped; or .
24 (15) Knows the individual harmed to be a sports
25 official at any level of competition and the act causing
26 harm to the sports official occurred within an athletic
27 facility or within the immediate vicinity of the athletic
28 facility at which the sports official was an active
29 participant of the athletic contest held at the athletic
30 facility.
31 For the purpose of paragraph (14) of subsection (b) of
32 this Section, a physically handicapped person is a person who
33 suffers from a permanent and disabling physical
34 characteristic, resulting from disease, injury, functional
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1 disorder or congenital condition.
2 (c) A person who administers to an individual or causes
3 him to take, without his consent or by threat or deception,
4 and for other than medical purposes, any intoxicating,
5 poisonous, stupefying, narcotic or anesthetic substance
6 commits aggravated battery.
7 (d) A person who knowingly gives to another person any
8 food that contains any substance or object that is intended
9 to cause physical injury if eaten, commits aggravated
10 battery.
11 (e) Sentence.
12 Aggravated battery under subsection (a), (c), or (d) or
13 paragraphs (1) through (14) of subsection (b) is a Class 3
14 felony. Aggravated battery under paragraph (15) of
15 subsection (b) is a Class 4 felony.
16 (Source: P.A. 87-921; 87-1083; 88-45; 88-433.)
17 (Text of Section after amendment by P.A. 89-507)
18 Sec. 12-4. Aggravated Battery.
19 (a) A person who, in committing a battery, intentionally
20 or knowingly causes great bodily harm, or permanent
21 disability or disfigurement commits aggravated battery.
22 (b) In committing a battery, a person commits aggravated
23 battery if he or she:
24 (1) Uses a deadly weapon other than by the
25 discharge of a firearm;
26 (2) Is hooded, robed or masked, in such manner as
27 to conceal his identity;
28 (3) Knows the individual harmed to be a teacher or
29 other person employed in any school and such teacher or
30 other employee is upon the grounds of a school or grounds
31 adjacent thereto, or is in any part of a building used
32 for school purposes;
33 (4) Knows the individual harmed to be a supervisor,
34 director, instructor or other person employed in any park
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1 district and such supervisor, director, instructor or
2 other employee is upon the grounds of the park or grounds
3 adjacent thereto, or is in any part of a building used
4 for park purposes;
5 (5) Knows the individual harmed to be a caseworker,
6 investigator, or other person employed by the State
7 Department of Public Aid, a County Department of Public
8 Aid, or the Department of Human Services (acting as
9 successor to the Illinois Department of Public Aid under
10 the Department of Human Services Act) and such
11 caseworker, investigator, or other person is upon the
12 grounds of a public aid office or grounds adjacent
13 thereto, or is in any part of a building used for public
14 aid purposes, or upon the grounds of a home of a public
15 aid applicant, recipient, or any other person being
16 interviewed or investigated in the employee's discharge
17 of his duties, or on grounds adjacent thereto, or is in
18 any part of a building in which the applicant, recipient,
19 or other such person resides or is located;
20 (6) Knows the individual harmed to be a peace
21 officer, a person summoned and directed by a peace
22 officer, a correctional institution employee, or a
23 fireman while such officer, employee or fireman is
24 engaged in the execution of any official duties including
25 arrest or attempted arrest, or to prevent the officer,
26 employee or fireman from performing official duties, or
27 in retaliation for the officer, employee or fireman
28 performing official duties, and the battery is committed
29 other than by the discharge of a firearm;
30 (7) Knows the individual harmed to be an emergency
31 medical technician - ambulance, emergency medical
32 technician - intermediate, emergency medical technician -
33 paramedic, ambulance driver or other medical assistance
34 or first aid personnel engaged in the performance of any
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1 of his or her official duties, or to prevent the
2 emergency medical technician - ambulance, emergency
3 medical technician - intermediate, emergency medical
4 technician - paramedic, ambulance driver, or other
5 medical assistance or first aid personnel from performing
6 official duties, or in retaliation for performing
7 official duties;
8 (8) Is, or the person battered is, on or about a
9 public way, public property or public place of
10 accommodation or amusement;
11 (9) Knows the individual harmed to be the driver,
12 operator, employee or passenger of any transportation
13 facility or system engaged in the business of
14 transportation of the public for hire and the individual
15 assaulted is then performing in such capacity or then
16 using such public transportation as a passenger or using
17 any area of any description designated by the
18 transportation facility or system as a vehicle boarding,
19 departure, or transfer location;
20 (10) Knowingly and without legal justification and
21 by any means causes bodily harm to an individual of 60
22 years of age or older;
23 (11) Knows the individual harmed is pregnant;
24 (12) Knows the individual harmed to be a judge whom
25 the person intended to harm as a result of the judge's
26 performance of his or her official duties as a judge;
27 (13) Knows the individual harmed to be an employee
28 of the Illinois Department of Children and Family
29 Services engaged in the performance of his authorized
30 duties as such employee; or
31 (14) Knows the individual harmed to be a person who
32 is physically handicapped; or .
33 (15) Knows the individual harmed to be a sports
34 official at any level of competition and the act causing
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1 harm to the sports official occurred within an athletic
2 facility or within the immediate vicinity of the athletic
3 facility at which the sports official was an active
4 participant of the athletic contest held at the athletic
5 facility.
6 For the purpose of paragraph (14) of subsection (b) of
7 this Section, a physically handicapped person is a person who
8 suffers from a permanent and disabling physical
9 characteristic, resulting from disease, injury, functional
10 disorder or congenital condition.
11 (c) A person who administers to an individual or causes
12 him to take, without his consent or by threat or deception,
13 and for other than medical purposes, any intoxicating,
14 poisonous, stupefying, narcotic or anesthetic substance
15 commits aggravated battery.
16 (d) A person who knowingly gives to another person any
17 food that contains any substance or object that is intended
18 to cause physical injury if eaten, commits aggravated
19 battery.
20 (e) Sentence.
21 Aggravated battery under subsection (a), (c), or (d) or
22 paragraphs (1) through (14) of subsection (b) is a Class 3
23 felony. Aggravated battery under paragraph (15) of
24 subsection (b) is a Class 4 felony.
25 (Source: P.A. 88-45; 88-433; 89-507, eff. 7-1-97.)
26 Section 95. No acceleration or delay. Where this Act
27 makes changes in a statute that is represented in this Act by
28 text that is not yet or no longer in effect (for example, a
29 Section represented by multiple versions), the use of that
30 text does not accelerate or delay the taking effect of (i)
31 the changes made by this Act or (ii) provisions derived from
32 any other Public Act.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.