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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB0734enr HB0734 Enrolled LRB9102575RCks 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 Sec. 12-4. Aggravated Battery. 9 (a) A person who, in committing a battery, intentionally 10 or knowingly causes great bodily harm, or permanent 11 disability or disfigurement commits aggravated battery. 12 (b) In committing a battery, a person commits aggravated 13 battery if he or she: 14 (1) Uses a deadly weapon other than by the 15 discharge of a firearm; 16 (2) Is hooded, robed or masked, in such manner as 17 to conceal his identity; 18 (3) Knows the individual harmed to be a teacher or 19 other person employed in any school and such teacher or 20 other employee is upon the grounds of a school or grounds 21 adjacent thereto, or is in any part of a building used 22 for school purposes; 23 (4) Knows the individual harmed to be a supervisor, 24 director, instructor or other person employed in any park 25 district and such supervisor, director, instructor or 26 other employee is upon the grounds of the park or grounds 27 adjacent thereto, or is in any part of a building used 28 for park purposes; 29 (5) Knows the individual harmed to be a caseworker, 30 investigator, or other person employed by the State 31 Department of Public Aid, a County Department of Public HB0734 Enrolled -2- LRB9102575RCks 1 Aid, or the Department of Human Services (acting as 2 successor to the Illinois Department of Public Aid under 3 the Department of Human Services Act) and such 4 caseworker, investigator, or other person is upon the 5 grounds of a public aid office or grounds adjacent 6 thereto, or is in any part of a building used for public 7 aid purposes, or upon the grounds of a home of a public 8 aid applicant, recipient, or any other person being 9 interviewed or investigated in the employee's discharge 10 of his duties, or on grounds adjacent thereto, or is in 11 any part of a building in which the applicant, recipient, 12 or other such person resides or is located; 13 (6) Knows the individual harmed to be a peace 14 officer, a community policing volunteer, a correctional 15 institution employee, or a fireman while such officer, 16 volunteer, employee or fireman is engaged in the 17 execution of any official duties including arrest or 18 attempted arrest, or to prevent the officer, volunteer, 19 employee or fireman from performing official duties, or 20 in retaliation for the officer, volunteer, employee or 21 fireman performing official duties, and the battery is 22 committed other than by the discharge of a firearm; 23 (7) Knows the individual harmed to be an emergency 24 medical technician - ambulance, emergency medical 25 technician - intermediate, emergency medical technician - 26 paramedic, ambulance driver or other medical assistance 27 or first aid personnel engaged in the performance of any 28 of his or her official duties, or to prevent the 29 emergency medical technician - ambulance, emergency 30 medical technician - intermediate, emergency medical 31 technician - paramedic, ambulance driver, or other 32 medical assistance or first aid personnel from performing 33 official duties, or in retaliation for performing 34 official duties; HB0734 Enrolled -3- LRB9102575RCks 1 (8) Is, or the person battered is, on or about a 2 public way, public property or public place of 3 accommodation or amusement; 4 (9) Knows the individual harmed to be the driver, 5 operator, employee or passenger of any transportation 6 facility or system engaged in the business of 7 transportation of the public for hire and the individual 8 assaulted is then performing in such capacity or then 9 using such public transportation as a passenger or using 10 any area of any description designated by the 11 transportation facility or system as a vehicle boarding, 12 departure, or transfer location; 13 (10) Knowingly and without legal justification and 14 by any means causes bodily harm to an individual of 60 15 years of age or older; 16 (11) Knows the individual harmed is pregnant; 17 (12) Knows the individual harmed to be a judge whom 18 the person intended to harm as a result of the judge's 19 performance of his or her official duties as a judge; 20 (13) Knows the individual harmed to be an employee 21 of the Illinois Department of Children and Family 22 Services engaged in the performance of his authorized 23 duties as such employee; 24 (14) Knows the individual harmed to be a person who 25 is physically handicapped; or 26 (15) Knowingly and without legal justification and 27 by any means causes bodily harm to a merchant who detains 28 the person for an alleged commission of retail theft 29 under Section 16A-5 of this Code. In this item (15), 30 "merchant" has the meaning ascribed to it in Section 31 16A-2.4 of this Code. 32 For the purpose of paragraph (14) of subsection (b) of 33 this Section, a physically handicapped person is a person who 34 suffers from a permanent and disabling physical HB0734 Enrolled -4- LRB9102575RCks 1 characteristic, resulting from disease, injury, functional 2 disorder or congenital condition. 3 (c) A person who administers to an individual or causes 4 him to take, without his consent or by threat or deception, 5 and for other than medical purposes, any intoxicating, 6 poisonous, stupefying, narcotic, anesthetic, or controlled 7 substance commits aggravated battery. 8 (d) A person who knowingly gives to another person any 9 food that contains any substance or object that is intended 10 to cause physical injury if eaten, commits aggravated 11 battery. 12 (d-5) An inmate of a penal institution who causes or 13 attempts to cause a correctional employee of the penal 14 institution to come into contact with blood, seminal fluid, 15 urine, or feces, by throwing, tossing, or expelling that 16 fluid or material commits aggravated battery. For purposes 17 of this subsection (d-5), "correctional employee" means a 18 person who is employed by a penal institution. 19 (e) Sentence. 20 Aggravated battery is a Class 3 felony. 21 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98; 22 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised 9-16-98.)