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| [ Senate Amendment 001 ] |
90_SB0429eng
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
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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
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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
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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;
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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 (6), (13), (14), and (15) of subsection (a) of
22 this Section is a Class 4 felony.
23 (Source: P.A. 87-921; 88-311; 88-433; 88-467; 88-670, eff.
24 12-2-94.)
25 (Text of Section after amendment by P.A. 89-507)
26 Sec. 12-2. Aggravated assault.
27 (a) A person commits an aggravated assault, when, in
28 committing an assault, he:
29 (1) Uses a deadly weapon or any device manufactured
30 and designed to be substantially similar in appearance to
31 a firearm, other than by discharging a firearm in the
32 direction of another person, a peace officer, a person
33 summoned or directed by a peace officer, a correctional
34 officer or a fireman or in the direction of a vehicle
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1 occupied by another person, a peace officer, a person
2 summoned or directed by a peace officer, a correctional
3 officer or a fireman while the officer or fireman is
4 engaged in the execution of any of his official duties,
5 or to prevent the officer or fireman from performing his
6 official duties, or in retaliation for the officer or
7 fireman performing his official duties;
8 (2) Is hooded, robed or masked in such manner as to
9 conceal his identity or any device manufactured and
10 designed to be substantially similar in appearance to a
11 firearm;
12 (3) Knows the individual assaulted to be a teacher
13 or other person employed in any school and such teacher
14 or other employee is upon the grounds of a school or
15 grounds adjacent thereto, or is in any part of a building
16 used for school purposes;
17 (4) Knows the individual assaulted to be a
18 supervisor, director, instructor or other person employed
19 in any park district and such supervisor, director,
20 instructor or other employee is upon the grounds of the
21 park or grounds adjacent thereto, or is in any part of a
22 building used for park purposes;
23 (5) Knows the individual assaulted to be a
24 caseworker, investigator, or other person employed by the
25 State Department of Public Aid, a County Department of
26 Public Aid, or the Department of Human Services (acting
27 as successor to the Illinois Department of Public Aid
28 under the Department of Human Services Act) and such
29 caseworker, investigator, or other person is upon the
30 grounds of a public aid office or grounds adjacent
31 thereto, or is in any part of a building used for public
32 aid purposes, or upon the grounds of a home of a public
33 aid applicant, recipient or any other person being
34 interviewed or investigated in the employees' discharge
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1 of his duties, or on grounds adjacent thereto, or is in
2 any part of a building in which the applicant, recipient,
3 or other such person resides or is located;
4 (6) Knows the individual assaulted to be a peace
5 officer, or a person summoned and directed by him, or a
6 fireman while the officer or fireman is engaged in the
7 execution of any of his official duties, or to prevent
8 the officer or fireman from performing his official
9 duties, or in retaliation for the officer or fireman
10 performing his official duties, and the assault is
11 committed other than by the discharge of a firearm in the
12 direction of the officer or fireman or in the direction
13 of a vehicle occupied by the officer or fireman;
14 (7) Knows the individual assaulted to be an
15 emergency medical technician - ambulance, emergency
16 medical technician - intermediate, emergency medical
17 technician - paramedic, ambulance driver or other medical
18 assistance or first aid personnel employed by a
19 municipality or other governmental unit engaged in the
20 execution of any of his official duties, or to prevent
21 the emergency medical technician - ambulance, emergency
22 medical technician - intermediate, emergency medical
23 technician - paramedic, ambulance driver, or other
24 medical assistance or first aid personnel from performing
25 his official duties, or in retaliation for the emergency
26 medical technician - ambulance, emergency medical
27 technician - intermediate, emergency medical technician -
28 paramedic, ambulance driver, or other medical assistance
29 or first aid personnel performing his official duties;
30 (8) Knows the individual assaulted to be the
31 driver, operator, employee or passenger of any
32 transportation facility or system engaged in the business
33 of transportation of the public for hire and the
34 individual assaulted is then performing in such capacity
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1 or then using such public transportation as a passenger
2 or using any area of any description designated by the
3 transportation facility or system as a vehicle boarding,
4 departure, or transfer location;
5 (9) Or the individual assaulted is on or about a
6 public way, public property, or public place of
7 accommodation or amusement;
8 (10) Knows the individual assaulted to be an
9 employee of the State of Illinois, a municipal
10 corporation therein or a political subdivision thereof,
11 engaged in the performance of his authorized duties as
12 such employee;
13 (11) Knowingly and without legal justification,
14 commits an assault on a physically handicapped person;
15 (12) Knowingly and without legal justification,
16 commits an assault on a person 60 years of age or older;
17 (13) Discharges a firearm;
18 (14) Knows the individual assaulted to be a
19 correctional officer, while the officer is engaged in the
20 execution of any of his or her official duties, or to
21 prevent the officer from performing his or her official
22 duties, or in retaliation for the officer performing his
23 or her official duties; or
24 (15) Knows the individual assaulted to be a
25 correctional employee, while the employee is engaged in
26 the execution of any of his or her official duties, or to
27 prevent the employee from performing his or her official
28 duties, or in retaliation for the employee performing his
29 or her official duties, and the assault is committed
30 other than by the discharge of a firearm in the direction
31 of the employee or in the direction of a vehicle occupied
32 by the employee.
33 (b) Sentence.
34 Aggravated assault as defined in paragraphs (1) through
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1 (5) and (7) through (12) of subsection (a) of this Section is
2 a Class A misdemeanor. Aggravated assault as defined in
3 paragraphs (6), (13), (14), and (15) of subsection (a) of
4 this Section is a Class 4 felony.
5 (Source: P.A. 88-311; 88-433; 88-467; 88-670, eff. 12-2-94;
6 89-507, eff. 7-1-97.)
7 Section 95. No acceleration or delay. Where this Act
8 makes changes in a statute that is represented in this Act by
9 text that is not yet or no longer in effect (for example, a
10 Section represented by multiple versions), the use of that
11 text does not accelerate or delay the taking effect of (i)
12 the changes made by this Act or (ii) provisions derived from
13 any other Public Act.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.