State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_SB0429enr

      720 ILCS 5/12-2           from Ch. 38, par. 12-2
          Amends the Criminal Code of 1961.  Provides that the  use
      of  a  deadly  weapon in committing an assault, other than by
      discharging a firearm in the direction of another person,  is
      a  Class  4  felony  (now  a  Class A misdemeanor). Effective
      immediately.
                                                     LRB9000783RCks
SB429 Enrolled                                 LRB9000783RCks
 1        AN ACT to amend the Criminal Code  of  1961  by  changing
 2    Section 12-2.
 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 12-2 as follows:
 7        (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
 8        (Text of Section before amendment by P.A. 89-507)
 9        Sec. 12-2.  Aggravated assault.
10        (a)  A  person  commits  an  aggravated assault, when, in
11    committing an assault, he:
12             (1)  Uses a deadly weapon or any device manufactured
13        and designed to be substantially similar in appearance to
14        a firearm, other than by discharging  a  firearm  in  the
15        direction  of  another  person, a peace officer, a person
16        summoned or directed by a peace officer,  a  correctional
17        officer  or  a  fireman  or in the direction of a vehicle
18        occupied by another person, a  peace  officer,  a  person
19        summoned  or  directed by a peace officer, a correctional
20        officer or a fireman while  the  officer  or  fireman  is
21        engaged  in  the execution of any of his official duties,
22        or to prevent the officer or fireman from performing  his
23        official  duties,  or  in  retaliation for the officer or
24        fireman performing his official duties;
25             (2)  Is hooded, robed or masked in such manner as to
26        conceal his  identity  or  any  device  manufactured  and
27        designed  to  be substantially similar in appearance to a
28        firearm;
29             (3)  Knows the individual assaulted to be a  teacher
30        or  other  person employed in any school and such teacher
31        or other employee is upon the  grounds  of  a  school  or
SB429 Enrolled              -2-                LRB9000783RCks
 1        grounds adjacent thereto, or is in any part of a building
 2        used for school purposes;
 3             (4)  Knows   the   individual   assaulted  to  be  a
 4        supervisor, director, instructor or other person employed
 5        in any  park  district  and  such  supervisor,  director,
 6        instructor  or  other employee is upon the grounds of the
 7        park or grounds adjacent thereto, or is in any part of  a
 8        building used for park purposes;
 9             (5)  Knows   the   individual   assaulted  to  be  a
10        caseworker, investigator, or other person employed by the
11        State Department of Public Aid or a County Department  of
12        Public  Aid  and  such caseworker, investigator, or other
13        person is upon the grounds of  a  Public  Aid  office  or
14        grounds adjacent thereto, or is in any part of a building
15        used  for  Public  Aid purposes, or upon the grounds of a
16        home of a public aid applicant, recipient  or  any  other
17        person   being   interviewed   or   investigated  in  the
18        employees'  discharge  of  his  duties,  or  on   grounds
19        adjacent  thereto,  or  is  in  any part of a building in
20        which the applicant,  recipient,  or  other  such  person
21        resides or is located;
22             (6)  Knows  the  individual  assaulted to be a peace
23        officer, or a person summoned and directed by him,  or  a
24        fireman  while  the  officer or fireman is engaged in the
25        execution of any of his official duties,  or  to  prevent
26        the  officer  or  fireman  from  performing  his official
27        duties, or in retaliation  for  the  officer  or  fireman
28        performing  his  official  duties,  and  the  assault  is
29        committed other than by the discharge of a firearm in the
30        direction  of  the officer or fireman or in the direction
31        of a vehicle occupied by the officer or fireman;
32             (7)  Knows  the  individual  assaulted  to   be   an
33        emergency   medical  technician  -  ambulance,  emergency
34        medical  technician  -  intermediate,  emergency  medical
SB429 Enrolled              -3-                LRB9000783RCks
 1        technician - paramedic, ambulance driver or other medical
 2        assistance  or  first  aid  personnel   employed   by   a
 3        municipality  or  other  governmental unit engaged in the
 4        execution of any of his official duties,  or  to  prevent
 5        the  emergency  medical technician - ambulance, emergency
 6        medical  technician  -  intermediate,  emergency  medical
 7        technician  -  paramedic,  ambulance  driver,  or   other
 8        medical assistance or first aid personnel from performing
 9        his  official duties, or in retaliation for the emergency
10        medical  technician  -   ambulance,   emergency   medical
11        technician - intermediate, emergency medical technician -
12        paramedic,  ambulance driver, or other medical assistance
13        or first aid personnel performing his official duties;
14             (8)  Knows  the  individual  assaulted  to  be   the
15        driver,   operator,   employee   or   passenger   of  any
16        transportation facility or system engaged in the business
17        of  transportation  of  the  public  for  hire  and   the
18        individual  assaulted is then performing in such capacity
19        or then using such public transportation as  a  passenger
20        or  using  any  area of any description designated by the
21        transportation facility or system as a vehicle  boarding,
22        departure, or transfer location;
23             (9)  Or  the  individual  assaulted is on or about a
24        public  way,  public  property,  or   public   place   of
25        accommodation or amusement;
26             (10)  Knows   the  individual  assaulted  to  be  an
27        employee  of  the  State   of   Illinois,   a   municipal
28        corporation  therein  or a political subdivision thereof,
29        engaged in the performance of his  authorized  duties  as
30        such employee;
31             (11)  Knowingly  and  without  legal  justification,
32        commits an assault on a physically handicapped person;
33             (12)  Knowingly  and  without  legal  justification,
34        commits an assault on a person 60 years of age or older;
SB429 Enrolled              -4-                LRB9000783RCks
 1             (13)  Discharges a firearm;
 2             (14)  Knows   the   individual  assaulted  to  be  a
 3        correctional officer, while the officer is engaged in the
 4        execution of any of his or her  official  duties,  or  to
 5        prevent  the  officer from performing his or her official
 6        duties, or in retaliation for the officer performing  his
 7        or her official duties; or
 8             (15)  Knows   the   individual  assaulted  to  be  a
 9        correctional employee, while the employee is  engaged  in
10        the execution of any of his or her official duties, or to
11        prevent  the employee from performing his or her official
12        duties, or in retaliation for the employee performing his
13        or her official duties,  and  the  assault  is  committed
14        other than by the discharge of a firearm in the direction
15        of the employee or in the direction of a vehicle occupied
16        by the employee.
17        (b)  Sentence.
18        Aggravated  assault  as defined in paragraphs (1) through
19    (5) and (7) through (12) of subsection (a) of this Section is
20    a Class A misdemeanor.   Aggravated  assault  as  defined  in
21    paragraphs  (13),  (14),  and  (15) of subsection (a) of this
22    Section is a Class 4 felony. Aggravated assault as defined in
23    paragraph (6) of subsection (a) of this Section is a Class  A
24    misdemeanor if a firearm is not used in the commission of the
25    assault.   Aggravated  assault as defined in paragraph (6) of
26    subsection (a) of this Section is  a  Class  4  felony  if  a
27    firearm is used in the commission of the assault.
28    (Source: P.A.  87-921;  88-311;  88-433; 88-467; 88-670, eff.
29    12-2-94.)
30        (Text of Section after amendment by P.A. 89-507)
31        Sec. 12-2.  Aggravated assault.
32        (a)  A person commits an  aggravated  assault,  when,  in
33    committing an assault, he:
34             (1)  Uses a deadly weapon or any device manufactured
SB429 Enrolled              -5-                LRB9000783RCks
 1        and designed to be substantially similar in appearance to
 2        a  firearm,  other  than  by discharging a firearm in the
 3        direction of another person, a peace  officer,  a  person
 4        summoned  or  directed by a peace officer, a correctional
 5        officer or a fireman or in the  direction  of  a  vehicle
 6        occupied  by  another  person,  a peace officer, a person
 7        summoned or directed by a peace officer,  a  correctional
 8        officer  or  a  fireman  while  the officer or fireman is
 9        engaged in the execution of any of his  official  duties,
10        or  to prevent the officer or fireman from performing his
11        official duties, or in retaliation  for  the  officer  or
12        fireman performing his official duties;
13             (2)  Is hooded, robed or masked in such manner as to
14        conceal  his  identity  or  any  device  manufactured and
15        designed to be substantially similar in appearance  to  a
16        firearm;
17             (3)  Knows  the individual assaulted to be a teacher
18        or other person employed in any school and  such  teacher
19        or  other  employee  is  upon  the grounds of a school or
20        grounds adjacent thereto, or is in any part of a building
21        used for school purposes;
22             (4)  Knows  the  individual  assaulted   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;
28             (5)  Knows  the  individual  assaulted   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
32        as  successor  to  the  Illinois Department of Public Aid
33        under the Department of  Human  Services  Act)  and  such
34        caseworker,  investigator,  or  other  person is upon the
SB429 Enrolled              -6-                LRB9000783RCks
 1        grounds of  a  public  aid  office  or  grounds  adjacent
 2        thereto,  or is in any part of a building used for public
 3        aid purposes, or upon the grounds of a home of  a  public
 4        aid  applicant,  recipient  or  any  other  person  being
 5        interviewed  or  investigated in the employees' discharge
 6        of his duties, or on grounds adjacent thereto, or  is  in
 7        any part of a building in which the applicant, recipient,
 8        or other such person resides or is located;
 9             (6)  Knows  the  individual  assaulted to be a peace
10        officer, or a person summoned and directed by him,  or  a
11        fireman  while  the  officer or fireman is engaged in the
12        execution of any of his official duties,  or  to  prevent
13        the  officer  or  fireman  from  performing  his official
14        duties, or in retaliation  for  the  officer  or  fireman
15        performing  his  official  duties,  and  the  assault  is
16        committed other than by the discharge of a firearm in the
17        direction  of  the officer or fireman or in the direction
18        of a vehicle occupied by the officer or fireman;
19             (7)  Knows  the  individual  assaulted  to   be   an
20        emergency   medical  technician  -  ambulance,  emergency
21        medical  technician  -  intermediate,  emergency  medical
22        technician - paramedic, ambulance driver or other medical
23        assistance  or  first  aid  personnel   employed   by   a
24        municipality  or  other  governmental unit engaged in the
25        execution of any of his official duties,  or  to  prevent
26        the  emergency  medical technician - ambulance, emergency
27        medical  technician  -  intermediate,  emergency  medical
28        technician  -  paramedic,  ambulance  driver,  or   other
29        medical assistance or first aid personnel from performing
30        his  official duties, or in retaliation for the 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 performing his official duties;
SB429 Enrolled              -7-                LRB9000783RCks
 1             (8)  Knows  the  individual  assaulted  to  be   the
 2        driver,   operator,   employee   or   passenger   of  any
 3        transportation facility or system engaged in the business
 4        of  transportation  of  the  public  for  hire  and   the
 5        individual  assaulted is then performing in such capacity
 6        or then using such public transportation as  a  passenger
 7        or  using  any  area of any description designated by the
 8        transportation facility or system as a vehicle  boarding,
 9        departure, or transfer location;
10             (9)  Or  the  individual  assaulted is on or about a
11        public  way,  public  property,  or   public   place   of
12        accommodation or amusement;
13             (10)  Knows   the  individual  assaulted  to  be  an
14        employee  of  the  State   of   Illinois,   a   municipal
15        corporation  therein  or a political subdivision thereof,
16        engaged in the performance of his  authorized  duties  as
17        such employee;
18             (11)  Knowingly  and  without  legal  justification,
19        commits an assault on a physically handicapped person;
20             (12)  Knowingly  and  without  legal  justification,
21        commits an assault on a person 60 years of age or older;
22             (13)  Discharges a firearm;
23             (14)  Knows   the   individual  assaulted  to  be  a
24        correctional officer, while the officer is engaged in the
25        execution of any of his or her  official  duties,  or  to
26        prevent  the  officer from performing his or her official
27        duties, or in retaliation for the officer performing  his
28        or her official duties; or
29             (15)  Knows   the   individual  assaulted  to  be  a
30        correctional employee, while the employee is  engaged  in
31        the execution of any of his or her official duties, or to
32        prevent  the employee from performing his or her official
33        duties, or in retaliation for the employee performing his
34        or her official duties,  and  the  assault  is  committed
SB429 Enrolled              -8-                LRB9000783RCks
 1        other than by the discharge of a firearm in the direction
 2        of the employee or in the direction of a vehicle occupied
 3        by the employee.
 4        (b)  Sentence.
 5        Aggravated  assault  as defined in paragraphs (1) through
 6    (5) and (7) through (12) of subsection (a) of this Section is
 7    a Class A misdemeanor.   Aggravated  assault  as  defined  in
 8    paragraphs  (13),  (14),  and  (15) of subsection (a) of this
 9    Section is a Class 4 felony. Aggravated assault as defined in
10    paragraph (6) of subsection (a) of this Section is a Class  A
11    misdemeanor if a firearm is not used in the commission of the
12    assault.   Aggravated  assault as defined in paragraph (6) of
13    subsection (a) of this Section is  a  Class  4  felony  if  a
14    firearm is used in the commission of the assault.
15    (Source: P.A.  88-311;  88-433; 88-467; 88-670, eff. 12-2-94;
16    89-507, eff. 7-1-97.)
17        Section 95.  No acceleration or delay.   Where  this  Act
18    makes changes in a statute that is represented in this Act by
19    text  that  is not yet or no longer in effect (for example, a
20    Section represented by multiple versions), the  use  of  that
21    text  does  not  accelerate or delay the taking effect of (i)
22    the changes made by this Act or (ii) provisions derived  from
23    any other Public Act.
24        Section  99.  Effective date.  This Act takes effect upon
25    becoming law.

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