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[ 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.