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92_HB1812enr HB1812 Enrolled LRB9205349ARsb 1 AN ACT concerning organized gangs, which may be referred 2 to as the Severo Anti-gang Amendments of 2001. 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 Sections 9-1, 12-2, 12-4, 12-4.2, and 24-1.2 as 7 follows: 8 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) 9 Sec. 9-1. First degree Murder - Death penalties - 10 Exceptions - Separate Hearings - Proof - Findings - Appellate 11 procedures - Reversals. 12 (a) A person who kills an individual without lawful 13 justification commits first degree murder if, in performing 14 the acts which cause the death: 15 (1) he either intends to kill or do great bodily 16 harm to that individual or another, or knows that such 17 acts will cause death to that individual or another; or 18 (2) he knows that such acts create a strong 19 probability of death or great bodily harm to that 20 individual or another; or 21 (3) he is attempting or committing a forcible 22 felony other than second degree murder. 23 (b) Aggravating Factors. A defendant who at the time of 24 the commission of the offense has attained the age of 18 or 25 more and who has been found guilty of first degree murder may 26 be sentenced to death if: 27 (1) the murdered individual was a peace officer or 28 fireman killed in the course of performing his official 29 duties, to prevent the performance of his official 30 duties, or in retaliation for performing his official 31 duties, and the defendant knew or should have known that HB1812 Enrolled -2- LRB9205349ARsb 1 the murdered individual was a peace officer or fireman; 2 or 3 (2) the murdered individual was an employee of an 4 institution or facility of the Department of Corrections, 5 or any similar local correctional agency, killed in the 6 course of performing his official duties, to prevent the 7 performance of his official duties, or in retaliation for 8 performing his official duties, or the murdered 9 individual was an inmate at such institution or facility 10 and was killed on the grounds thereof, or the murdered 11 individual was otherwise present in such institution or 12 facility with the knowledge and approval of the chief 13 administrative officer thereof; or 14 (3) the defendant has been convicted of murdering 15 two or more individuals under subsection (a) of this 16 Section or under any law of the United States or of any 17 state which is substantially similar to subsection (a) of 18 this Section regardless of whether the deaths occurred 19 as the result of the same act or of several related or 20 unrelated acts so long as the deaths were the result of 21 either an intent to kill more than one person or of 22 separate acts which the defendant knew would cause death 23 or create a strong probability of death or great bodily 24 harm to the murdered individual or another; or 25 (4) the murdered individual was killed as a result 26 of the hijacking of an airplane, train, ship, bus or 27 other public conveyance; or 28 (5) the defendant committed the murder pursuant to 29 a contract, agreement or understanding by which he was to 30 receive money or anything of value in return for 31 committing the murder or procured another to commit the 32 murder for money or anything of value; or 33 (6) the murdered individual was killed in the 34 course of another felony if: HB1812 Enrolled -3- LRB9205349ARsb 1 (a) the murdered individual: 2 (i) was actually killed by the defendant, 3 or 4 (ii) received physical injuries 5 personally inflicted by the defendant 6 substantially contemporaneously with physical 7 injuries caused by one or more persons for 8 whose conduct the defendant is legally 9 accountable under Section 5-2 of this Code, and 10 the physical injuries inflicted by either the 11 defendant or the other person or persons for 12 whose conduct he is legally accountable caused 13 the death of the murdered individual; and 14 (b) in performing the acts which caused the 15 death of the murdered individual or which resulted 16 in physical injuries personally inflicted by the 17 defendant on the murdered individual under the 18 circumstances of subdivision (ii) of subparagraph 19 (a) of paragraph (6) of subsection (b) of this 20 Section, the defendant acted with the intent to kill 21 the murdered individual or with the knowledge that 22 his acts created a strong probability of death or 23 great bodily harm to the murdered individual or 24 another; and 25 (c) the other felony was one of the following: 26 armed robbery, armed violence, robbery, predatory 27 criminal sexual assault of a child, aggravated 28 criminal sexual assault, aggravated kidnapping, 29 aggravated vehicular hijacking, forcible detention, 30 arson, aggravated arson, aggravated stalking, 31 burglary, residential burglary, home invasion, 32 calculated criminal drug conspiracy as defined in 33 Section 405 of the Illinois Controlled Substances 34 Act, streetgang criminal drug conspiracy as defined HB1812 Enrolled -4- LRB9205349ARsb 1 in Section 405.2 of the Illinois Controlled 2 Substances Act, or the attempt to commit any of the 3 felonies listed in this subsection (c); or 4 (7) the murdered individual was under 12 years of 5 age and the death resulted from exceptionally brutal or 6 heinous behavior indicative of wanton cruelty; or 7 (8) the defendant committed the murder with intent 8 to prevent the murdered individual from testifying in any 9 criminal prosecution or giving material assistance to the 10 State in any investigation or prosecution, either against 11 the defendant or another; or the defendant committed the 12 murder because the murdered individual was a witness in 13 any prosecution or gave material assistance to the State 14 in any investigation or prosecution, either against the 15 defendant or another; or 16 (9) the defendant, while committing an offense 17 punishable under Sections 401, 401.1, 401.2, 405, 405.2, 18 407 or 407.1 or subsection (b) of Section 404 of the 19 Illinois Controlled Substances Act, or while engaged in a 20 conspiracy or solicitation to commit such offense, 21 intentionally killed an individual or counseled, 22 commanded, induced, procured or caused the intentional 23 killing of the murdered individual; or 24 (10) the defendant was incarcerated in an 25 institution or facility of the Department of Corrections 26 at the time of the murder, and while committing an 27 offense punishable as a felony under Illinois law, or 28 while engaged in a conspiracy or solicitation to commit 29 such offense, intentionally killed an individual or 30 counseled, commanded, induced, procured or caused the 31 intentional killing of the murdered individual; or 32 (11) the murder was committed in a cold, calculated 33 and premeditated manner pursuant to a preconceived plan, 34 scheme or design to take a human life by unlawful means, HB1812 Enrolled -5- LRB9205349ARsb 1 and the conduct of the defendant created a reasonable 2 expectation that the death of a human being would result 3 therefrom; or 4 (12) the murdered individual was an emergency 5 medical technician - ambulance, emergency medical 6 technician - intermediate, emergency medical technician - 7 paramedic, ambulance driver, or other medical assistance 8 or first aid personnel, employed by a municipality or 9 other governmental unit, killed in the course of 10 performing his official duties, to prevent the 11 performance of his official duties, or in retaliation for 12 performing his official duties, and the defendant knew or 13 should have known that the murdered individual was an 14 emergency medical technician - ambulance, emergency 15 medical technician - intermediate, emergency medical 16 technician - paramedic, ambulance driver, or other 17 medical assistance or first aid personnel; or 18 (13) the defendant was a principal administrator, 19 organizer, or leader of a calculated criminal drug 20 conspiracy consisting of a hierarchical position of 21 authority superior to that of all other members of the 22 conspiracy, and the defendant counseled, commanded, 23 induced, procured, or caused the intentional killing of 24 the murdered person; or 25 (14) the murder was intentional and involved the 26 infliction of torture. For the purpose of this Section 27 torture means the infliction of or subjection to extreme 28 physical pain, motivated by an intent to increase or 29 prolong the pain, suffering or agony of the victim; or 30 (15) the murder was committed as a result of the 31 intentional discharge of a firearm by the defendant from 32 a motor vehicle and the victim was not present within the 33 motor vehicle; or 34 (16) the murdered individual was 60 years of age or HB1812 Enrolled -6- LRB9205349ARsb 1 older and the death resulted from exceptionally brutal or 2 heinous behavior indicative of wanton cruelty; or 3 (17) the murdered individual was a disabled person 4 and the defendant knew or should have known that the 5 murdered individual was disabled. For purposes of this 6 paragraph (17), "disabled person" means a person who 7 suffers from a permanent physical or mental impairment 8 resulting from disease, an injury, a functional disorder, 9 or a congenital condition that renders the person 10 incapable of adequately providing for his or her own 11 health or personal care; or 12 (18) the murder was committed by reason of any 13 person's activity as a community policing volunteer or to 14 prevent any person from engaging in activity as a 15 community policing volunteer; or 16 (19) the murdered individual was subject to an 17 order of protection and the murder was committed by a 18 person against whom the same order of protection was 19 issued under the Illinois Domestic Violence Act of 1986; 20 or 21 (20) the murdered individual was known by the 22 defendant to be a teacher or other person employed in any 23 school and the teacher or other employee is upon the 24 grounds of a school or grounds adjacent to a school, or 25 is in any part of a building used for school purposes; 26 or.27 (21) the defendant committed the murder in 28 furtherance of the activities of an organized gang. For 29 the purposes of this subsection, "organized gang" has the 30 meaning ascribed to it in Section 10 of the Streetgang 31 Terrorism Omnibus Prevention Act. 32 (c) Consideration of factors in Aggravation and 33 Mitigation. 34 The court shall consider, or shall instruct the jury to HB1812 Enrolled -7- LRB9205349ARsb 1 consider any aggravating and any mitigating factors which are 2 relevant to the imposition of the death penalty. Aggravating 3 factors may include but need not be limited to those factors 4 set forth in subsection (b). Mitigating factors may include 5 but need not be limited to the following: 6 (1) the defendant has no significant history of 7 prior criminal activity; 8 (2) the murder was committed while the defendant 9 was under the influence of extreme mental or emotional 10 disturbance, although not such as to constitute a defense 11 to prosecution; 12 (3) the murdered individual was a participant in 13 the defendant's homicidal conduct or consented to the 14 homicidal act; 15 (4) the defendant acted under the compulsion of 16 threat or menace of the imminent infliction of death or 17 great bodily harm; 18 (5) the defendant was not personally present during 19 commission of the act or acts causing death. 20 (d) Separate sentencing hearing. 21 Where requested by the State, the court shall conduct a 22 separate sentencing proceeding to determine the existence of 23 factors set forth in subsection (b) and to consider any 24 aggravating or mitigating factors as indicated in subsection 25 (c). The proceeding shall be conducted: 26 (1) before the jury that determined the defendant's 27 guilt; or 28 (2) before a jury impanelled for the purpose of the 29 proceeding if: 30 A. the defendant was convicted upon a plea of 31 guilty; or 32 B. the defendant was convicted after a trial 33 before the court sitting without a jury; or 34 C. the court for good cause shown discharges HB1812 Enrolled -8- LRB9205349ARsb 1 the jury that determined the defendant's guilt; or 2 (3) before the court alone if the defendant waives 3 a jury for the separate proceeding. 4 (e) Evidence and Argument. 5 During the proceeding any information relevant to any of 6 the factors set forth in subsection (b) may be presented by 7 either the State or the defendant under the rules governing 8 the admission of evidence at criminal trials. Any 9 information relevant to any additional aggravating factors or 10 any mitigating factors indicated in subsection (c) may be 11 presented by the State or defendant regardless of its 12 admissibility under the rules governing the admission of 13 evidence at criminal trials. The State and the defendant 14 shall be given fair opportunity to rebut any information 15 received at the hearing. 16 (f) Proof. 17 The burden of proof of establishing the existence of any 18 of the factors set forth in subsection (b) is on the State 19 and shall not be satisfied unless established beyond a 20 reasonable doubt. 21 (g) Procedure - Jury. 22 If at the separate sentencing proceeding the jury finds 23 that none of the factors set forth in subsection (b) exists, 24 the court shall sentence the defendant to a term of 25 imprisonment under Chapter V of the Unified Code of 26 Corrections. If there is a unanimous finding by the jury 27 that one or more of the factors set forth in subsection (b) 28 exist, the jury shall consider aggravating and mitigating 29 factors as instructed by the court and shall determine 30 whether the sentence of death shall be imposed. If the jury 31 determines unanimously that there are no mitigating factors 32 sufficient to preclude the imposition of the death sentence, 33 the court shall sentence the defendant to death. 34 Unless the jury unanimously finds that there are no HB1812 Enrolled -9- LRB9205349ARsb 1 mitigating factors sufficient to preclude the imposition of 2 the death sentence the court shall sentence the defendant to 3 a term of imprisonment under Chapter V of the Unified Code of 4 Corrections. 5 (h) Procedure - No Jury. 6 In a proceeding before the court alone, if the court 7 finds that none of the factors found in subsection (b) 8 exists, the court shall sentence the defendant to a term of 9 imprisonment under Chapter V of the Unified Code of 10 Corrections. 11 If the Court determines that one or more of the factors 12 set forth in subsection (b) exists, the Court shall consider 13 any aggravating and mitigating factors as indicated in 14 subsection (c). If the Court determines that there are no 15 mitigating factors sufficient to preclude the imposition of 16 the death sentence, the Court shall sentence the defendant to 17 death. 18 Unless the court finds that there are no mitigating 19 factors sufficient to preclude the imposition of the sentence 20 of death, the court shall sentence the defendant to a term of 21 imprisonment under Chapter V of the Unified Code of 22 Corrections. 23 (i) Appellate Procedure. 24 The conviction and sentence of death shall be subject to 25 automatic review by the Supreme Court. Such review shall be 26 in accordance with rules promulgated by the Supreme Court. 27 (j) Disposition of reversed death sentence. 28 In the event that the death penalty in this Act is held 29 to be unconstitutional by the Supreme Court of the United 30 States or of the State of Illinois, any person convicted of 31 first degree murder shall be sentenced by the court to a term 32 of imprisonment under Chapter V of the Unified Code of 33 Corrections. 34 In the event that any death sentence pursuant to the HB1812 Enrolled -10- LRB9205349ARsb 1 sentencing provisions of this Section is declared 2 unconstitutional by the Supreme Court of the United States or 3 of the State of Illinois, the court having jurisdiction over 4 a person previously sentenced to death shall cause the 5 defendant to be brought before the court, and the court shall 6 sentence the defendant to a term of imprisonment under 7 Chapter V of the Unified Code of Corrections. 8 (Source: P.A. 90-213, eff. 1-1-98; 90-651, eff. 1-1-99; 9 90-668, eff. 1-1-99; 91-357, eff. 7-29-99; 91-434, eff. 10 1-1-00.) 11 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 12 Sec. 12-2. Aggravated assault. 13 (a) A person commits an aggravated assault, when, in 14 committing an assault, he or she: 15 (1) Uses a deadly weapon or any device manufactured 16 and designed to be substantially similar in appearance to 17 a firearm, other than by discharging a firearm in the 18 direction of another person, a peace officer, a person 19 summoned or directed by a peace officer, a correctional 20 officer or a fireman or in the direction of a vehicle 21 occupied by another person, a peace officer, a person 22 summoned or directed by a peace officer, a correctional 23 officer or a fireman while the officer or fireman is 24 engaged in the execution of any of his official duties, 25 or to prevent the officer or fireman from performing his 26 official duties, or in retaliation for the officer or 27 fireman performing his official duties; 28 (2) Is hooded, robed or masked in such manner as to 29 conceal his identity or any device manufactured and 30 designed to be substantially similar in appearance to a 31 firearm; 32 (3) Knows the individual assaulted to be a teacher 33 or other person employed in any school and such teacher HB1812 Enrolled -11- LRB9205349ARsb 1 or other employee is upon the grounds of a school or 2 grounds adjacent thereto, or is in any part of a building 3 used for school purposes; 4 (4) Knows the individual assaulted to be a 5 supervisor, director, instructor or other person employed 6 in any park district and such supervisor, director, 7 instructor or other employee is upon the grounds of the 8 park or grounds adjacent thereto, or is in any part of a 9 building used for park purposes; 10 (5) Knows the individual assaulted to be a 11 caseworker, investigator, or other person employed by the 12 State Department of Public Aid, a County Department of 13 Public Aid, or the Department of Human Services (acting 14 as successor to the Illinois Department of Public Aid 15 under the Department of Human Services Act) and such 16 caseworker, investigator, or other person is upon the 17 grounds of a public aid office or grounds adjacent 18 thereto, or is in any part of a building used for public 19 aid purposes, or upon the grounds of a home of a public 20 aid applicant, recipient or any other person being 21 interviewed or investigated in the employees' discharge 22 of his duties, or on grounds adjacent thereto, or is in 23 any part of a building in which the applicant, recipient, 24 or other such person resides or is located; 25 (6) Knows the individual assaulted to be a peace 26 officer, or a community policing volunteer, or a fireman 27 while the officer or fireman is engaged in the execution 28 of any of his official duties, or to prevent the officer, 29 community policing volunteer, or fireman from performing 30 his official duties, or in retaliation for the officer, 31 community policing volunteer, or fireman performing his 32 official duties, and the assault is committed other than 33 by the discharge of a firearm in the direction of the 34 officer or fireman or in the direction of a vehicle HB1812 Enrolled -12- LRB9205349ARsb 1 occupied by the officer or fireman; 2 (7) Knows the individual assaulted to be an 3 emergency medical technician - ambulance, emergency 4 medical technician - intermediate, emergency medical 5 technician - paramedic, ambulance driver or other medical 6 assistance or first aid personnel employed by a 7 municipality or other governmental unit engaged in the 8 execution of any of his official duties, or to prevent 9 the emergency medical technician - ambulance, emergency 10 medical technician - intermediate, emergency medical 11 technician - paramedic, ambulance driver, or other 12 medical assistance or first aid personnel from performing 13 his official duties, or in retaliation for the emergency 14 medical technician - ambulance, emergency medical 15 technician - intermediate, emergency medical technician - 16 paramedic, ambulance driver, or other medical assistance 17 or first aid personnel performing his official duties; 18 (8) Knows the individual assaulted to be the 19 driver, operator, employee or passenger of any 20 transportation facility or system engaged in the business 21 of transportation of the public for hire and the 22 individual assaulted is then performing in such capacity 23 or then using such public transportation as a passenger 24 or using any area of any description designated by the 25 transportation facility or system as a vehicle boarding, 26 departure, or transfer location; 27 (9) Or the individual assaulted is on or about a 28 public way, public property, or public place of 29 accommodation or amusement; 30 (10) Knows the individual assaulted to be an 31 employee of the State of Illinois, a municipal 32 corporation therein or a political subdivision thereof, 33 engaged in the performance of his authorized duties as 34 such employee; HB1812 Enrolled -13- LRB9205349ARsb 1 (11) Knowingly and without legal justification, 2 commits an assault on a physically handicapped person; 3 (12) Knowingly and without legal justification, 4 commits an assault on a person 60 years of age or older; 5 (13) Discharges a firearm; 6 (14) Knows the individual assaulted to be a 7 correctional officer, while the officer is engaged in the 8 execution of any of his or her official duties, or to 9 prevent the officer from performing his or her official 10 duties, or in retaliation for the officer performing his 11 or her official duties;or12 (15) Knows the individual assaulted to be a 13 correctional employee, while the employee is engaged in 14 the execution of any of his or her official duties, or to 15 prevent the employee from performing his or her official 16 duties, or in retaliation for the employee performing his 17 or her official duties, and the assault is committed 18 other than by the discharge of a firearm in the direction 19 of the employee or in the direction of a vehicle occupied 20 by the employee; or.21 (16) Commits the assault in furtherance of the 22 activities of an organized gang. For the purposes of this 23 subsection, "organized gang" has the meaning ascribed to 24 it in Section 10 of the Streetgang Terrorism Omnibus 25 Prevention Act. 26 (a-5) A person commits an aggravated assault when he or 27 she knowingly and without lawful justification shines or 28 flashes a laser gunsight or other laser device that is 29 attached or affixed to a firearm, or used in concert with a 30 firearm, so that the laser beam strikes near or in the 31 immediate vicinity of any person. 32 (b) Sentence. 33 Aggravated assault as defined in paragraphs (1) through 34 (5) and (7) through (12) of subsection (a) of this Section is HB1812 Enrolled -14- LRB9205349ARsb 1 a Class A misdemeanor. Aggravated assault as defined in 2 paragraphs (13), (14),and(15), and (16) of subsection (a) 3 of this Section and as defined in subsection (a-5) of this 4 Section is a Class 4 felony. Aggravated assault as defined 5 in paragraph (6) of subsection (a) of this Section is a Class 6 A misdemeanor if a firearm is not used in the commission of 7 the assault. Aggravated assault as defined in paragraph (6) 8 of subsection (a) of this Section is a Class 4 felony if a 9 firearm is used in the commission of the assault. 10 (Source: P.A. 90-406, eff. 8-15-97; 90-651, eff. 1-1-99; 11 91-672, eff. 1-1-00.) 12 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4) 13 Sec. 12-4. Aggravated Battery. 14 (a) A person who, in committing a battery, intentionally 15 or knowingly causes great bodily harm, or permanent 16 disability or disfigurement commits aggravated battery. 17 (b) In committing a battery, a person commits aggravated 18 battery if he or she: 19 (1) Uses a deadly weapon other than by the 20 discharge of a firearm; 21 (2) Is hooded, robed or masked, in such manner as 22 to conceal his identity; 23 (3) Knows the individual harmed to be a teacher or 24 other person employed in any school and such teacher or 25 other employee is upon the grounds of a school or grounds 26 adjacent thereto, or is in any part of a building used 27 for school purposes; 28 (4) Knows the individual harmed to be a supervisor, 29 director, instructor or other person employed in any park 30 district and such supervisor, director, instructor or 31 other employee is upon the grounds of the park or grounds 32 adjacent thereto, or is in any part of a building used 33 for park purposes; HB1812 Enrolled -15- LRB9205349ARsb 1 (5) Knows the individual harmed to be a caseworker, 2 investigator, or other person employed by the State 3 Department of Public Aid, a County Department of Public 4 Aid, or the Department of Human Services (acting as 5 successor to the Illinois Department of Public Aid under 6 the Department of Human Services Act) and such 7 caseworker, investigator, or other person is upon the 8 grounds of a public aid office or grounds adjacent 9 thereto, or is in any part of a building used for public 10 aid purposes, or upon the grounds of a home of a public 11 aid applicant, recipient, or any other person being 12 interviewed or investigated in the employee's discharge 13 of his duties, or on grounds adjacent thereto, or is in 14 any part of a building in which the applicant, recipient, 15 or other such person resides or is located; 16 (6) Knows the individual harmed to be a peace 17 officer, a community policing volunteer, a correctional 18 institution employee, or a fireman while such officer, 19 volunteer, employee or fireman is engaged in the 20 execution of any official duties including arrest or 21 attempted arrest, or to prevent the officer, volunteer, 22 employee or fireman from performing official duties, or 23 in retaliation for the officer, volunteer, employee or 24 fireman performing official duties, and the battery is 25 committed other than by the discharge of a firearm; 26 (7) Knows the individual harmed to be an emergency 27 medical technician - ambulance, emergency medical 28 technician - intermediate, emergency medical technician - 29 paramedic, ambulance driver, other medical assistance, 30 first aid personnel, or hospital emergency room personnel 31 engaged in the performance of any of his or her official 32 duties, or to prevent the emergency medical technician - 33 ambulance, emergency medical technician - intermediate, 34 emergency medical technician - paramedic, ambulance HB1812 Enrolled -16- LRB9205349ARsb 1 driver, other medical assistance, first aid personnel, or 2 hospital emergency room personnel from performing 3 official duties, or in retaliation for performing 4 official duties; 5 (8) Is, or the person battered is, on or about a 6 public way, public property or public place of 7 accommodation or amusement; 8 (9) Knows the individual harmed to be the driver, 9 operator, employee or passenger of any transportation 10 facility or system engaged in the business of 11 transportation of the public for hire and the individual 12 assaulted is then performing in such capacity or then 13 using such public transportation as a passenger or using 14 any area of any description designated by the 15 transportation facility or system as a vehicle boarding, 16 departure, or transfer location; 17 (10) Knowingly and without legal justification and 18 by any means causes bodily harm to an individual of 60 19 years of age or older; 20 (11) Knows the individual harmed is pregnant; 21 (12) Knows the individual harmed to be a judge whom 22 the person intended to harm as a result of the judge's 23 performance of his or her official duties as a judge; 24 (13) Knows the individual harmed to be an employee 25 of the Illinois Department of Children and Family 26 Services engaged in the performance of his authorized 27 duties as such employee; 28 (13.5) Commits the battery in furtherance of the 29 activities of an organized gang. For the purposes of this 30 subsection, "organized gang" has the meaning ascribed to 31 it in Section 10 of the Streetgang Terrorism Omnibus 32 Prevention Act; 33 (14) Knows the individual harmed to be a person who 34 is physically handicapped; or HB1812 Enrolled -17- LRB9205349ARsb 1 (15) Knowingly and without legal justification and 2 by any means causes bodily harm to a merchant who detains 3 the person for an alleged commission of retail theft 4 under Section 16A-5 of this Code. In this item (15), 5 "merchant" has the meaning ascribed to it in Section 6 16A-2.4 of this Code. 7 For the purpose of paragraph (14) of subsection (b) of 8 this Section, a physically handicapped person is a person who 9 suffers from a permanent and disabling physical 10 characteristic, resulting from disease, injury, functional 11 disorder or congenital condition. 12 (c) A person who administers to an individual or causes 13 him to take, without his consent or by threat or deception, 14 and for other than medical purposes, any intoxicating, 15 poisonous, stupefying, narcotic, anesthetic, or controlled 16 substance commits aggravated battery. 17 (d) A person who knowingly gives to another person any 18 food that contains any substance or object that is intended 19 to cause physical injury if eaten, commits aggravated 20 battery. 21 (d-3)(d-5)A person commits aggravated battery when he 22 or she knowingly and without lawful justification shines or 23 flashes a laser gunsight or other laser device that is 24 attached or affixed to a firearm, or used in concert with a 25 firearm, so that the laser beam strikes upon or against the 26 person of another. 27 (d-5) An inmate of a penal institution who causes or 28 attempts to cause a correctional employee of the penal 29 institution to come into contact with blood, seminal fluid, 30 urine, or feces, by throwing, tossing, or expelling that 31 fluid or material commits aggravated battery. For purposes 32 of this subsection (d-5), "correctional employee" means a 33 person who is employed by a penal institution. 34 (e) Sentence. HB1812 Enrolled -18- LRB9205349ARsb 1 Aggravated battery is a Class 3 felony. 2 (Source: P.A. 90-115, eff. 1-1-98; 90-651, eff. 1-1-99; 3 90-735, eff. 8-11-98; 91-357, eff. 7-29-99; 91-488, eff. 4 1-1-00; 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; revised 5 1-7-00.) 6 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2) 7 Sec. 12-4.2. Aggravated Battery with a firearm. 8 (a) A person commits aggravated battery with a firearm 9 when he, in committing a battery, knowingly or intentionally 10 by means of the discharging of a firearm (1) causes any 11 injury to another person, or (2) causes any injury to a 12 person he knows to be a peace officer, a community policing 13 volunteer, a correctional institution employee or a fireman 14 while the officer, volunteer, employee or fireman is engaged 15 in the execution of any of his official duties, or to prevent 16 the officer, volunteer, employee or fireman from performing 17 his official duties, or in retaliation for the officer, 18 volunteer, employee or fireman performing his official 19 duties, or (3) causes any injury to a person he knows to be 20 an 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 municipality 24 or other governmental unit, while the emergency medical 25 technician - ambulance, emergency medical technician - 26 intermediate, emergency medical technician - paramedic, 27 ambulance driver, or other medical assistance or first aid 28 personnel is engaged in the execution of any of his official 29 duties, or to prevent the emergency medical technician - 30 ambulance, emergency medical technician - intermediate, 31 emergency medical technician - paramedic, ambulance driver, 32 or other medical assistance or first aid personnel from 33 performing his official duties, or in retaliation for the HB1812 Enrolled -19- LRB9205349ARsb 1 emergency medical technician - ambulance, emergency medical 2 technician - intermediate, emergency medical technician - 3 paramedic, ambulance driver, or other medical assistance or 4 first aid personnel performing his official duties, or (4) 5 causes any injury to a person he or she knows to be a teacher 6 or other person employed in a school and the teacher or other 7 employee is upon grounds of a school or grounds adjacent to a 8 school, or is in any part of a building used for school 9 purposes, or (5) commits the battery in furtherance of the 10 activities of an organized gang. For the purposes of this 11 subsection, "organized gang" has the meaning ascribed to it 12 in Section 10 of the Streetgang Terrorism Omnibus Prevention 13 Act. 14 (b) A violation of subsection (a)(1) of this Section is 15 a Class X felony. A violation of subsection (a)(2), 16 subsection (a)(3),orsubsection (a)(4), or subsection (a) 17 (5) of this Section is a Class X felony for which the 18 sentence shall be a term of imprisonment of no less than 15 19 years and no more than 60 years. 20 (c) For purposes of this Section, "firearm" is defined 21 as in "An Act relating to the acquisition, possession and 22 transfer of firearms and firearm ammunition, to provide a 23 penalty for the violation thereof and to make an 24 appropriation in connection therewith", approved August 1, 25 1967, as amended. 26 (Source: P.A. 90-651, eff. 1-1-99; 91-434, eff. 1-1-00; 27 91-696, eff. 4-13-00.)