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92_HB4179sam001
LRB9212477RCcdam02
1 AMENDMENT TO HOUSE BILL 4179
2 AMENDMENT NO. . Amend House Bill 4179 as follows:
3 on page 1, line 5, by changing "Section 12-2" to "Sections
4 12-2 and 12-4"; and
5 on page 3, by replacing lines 3 through 5 with the following:
6 "assistance or first aid personnel employed by a municipality
7 or other governmental unit engaged in the execution of any of
8 his official duties, or to prevent"; and
9 on page 3, line 10, by changing "official" to "official"; and
10 on page 3, line 14, by changing "official" to "official"; and
11 on page 4, line 8, by replacing "or" with "or"; and
12 on page 4, line 17, by replacing "." with the following:
13 "; or.
14 (16) Knows the individual assaulted to be an
15 employee of a police or sheriff's department engaged in
16 the performance of his or her authorized duties as such
17 employee."; and
18 on page 4, line 31, by changing "(6) and (7)" to "(6), (7),
19 and (16)"; and
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1 on page 4, line 34, by changing "(6) and (7)" to "(6), (7),
2 and (16)"; and
3 on page 5, by inserting below line 4 the following:
4 "(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
5 Sec. 12-4. Aggravated Battery.
6 (a) A person who, in committing a battery, intentionally
7 or knowingly causes great bodily harm, or permanent
8 disability or disfigurement commits aggravated battery.
9 (b) In committing a battery, a person commits aggravated
10 battery if he or she:
11 (1) Uses a deadly weapon other than by the
12 discharge of a firearm;
13 (2) Is hooded, robed or masked, in such manner as
14 to conceal his identity;
15 (3) Knows the individual harmed to be a teacher or
16 other person employed in any school and such teacher or
17 other employee is upon the grounds of a school or grounds
18 adjacent thereto, or is in any part of a building used
19 for school purposes;
20 (4) Knows the individual harmed to be a supervisor,
21 director, instructor or other person employed in any park
22 district and such supervisor, director, instructor or
23 other employee is upon the grounds of the park or grounds
24 adjacent thereto, or is in any part of a building used
25 for park purposes;
26 (5) Knows the individual harmed to be a caseworker,
27 investigator, or other person employed by the State
28 Department of Public Aid, a County Department of Public
29 Aid, or the Department of Human Services (acting as
30 successor to the Illinois Department of Public Aid under
31 the Department of Human Services Act) and such
32 caseworker, investigator, or other person is upon the
33 grounds of a public aid office or grounds adjacent
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1 thereto, or is in any part of a building used for public
2 aid purposes, or upon the grounds of a home of a public
3 aid applicant, recipient, or any other person being
4 interviewed or investigated in the employee's discharge
5 of his duties, or on grounds adjacent thereto, or is in
6 any part of a building in which the applicant, recipient,
7 or other such person resides or is located;
8 (6) Knows the individual harmed to be a peace
9 officer, a community policing volunteer, a correctional
10 institution employee, or a fireman while such officer,
11 volunteer, employee or fireman is engaged in the
12 execution of any official duties including arrest or
13 attempted arrest, or to prevent the officer, volunteer,
14 employee or fireman from performing official duties, or
15 in retaliation for the officer, volunteer, employee or
16 fireman performing official duties, and the battery is
17 committed other than by the discharge of a firearm;
18 (7) Knows the individual harmed to be an emergency
19 medical technician - ambulance, emergency medical
20 technician - intermediate, emergency medical technician -
21 paramedic, ambulance driver, other medical assistance,
22 first aid personnel, or hospital emergency room personnel
23 engaged in the performance of any of his or her official
24 duties, or to prevent the emergency medical technician -
25 ambulance, emergency medical technician - intermediate,
26 emergency medical technician - paramedic, ambulance
27 driver, other medical assistance, first aid personnel, or
28 hospital emergency room personnel from performing
29 official duties, or in retaliation for performing
30 official duties;
31 (8) Is, or the person battered is, on or about a
32 public way, public property or public place of
33 accommodation or amusement;
34 (9) Knows the individual harmed to be the driver,
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1 operator, employee or passenger of any transportation
2 facility or system engaged in the business of
3 transportation of the public for hire and the individual
4 assaulted is then performing in such capacity or then
5 using such public transportation as a passenger or using
6 any area of any description designated by the
7 transportation facility or system as a vehicle boarding,
8 departure, or transfer location;
9 (10) Knowingly and without legal justification and
10 by any means causes bodily harm to an individual of 60
11 years of age or older;
12 (11) Knows the individual harmed is pregnant;
13 (12) Knows the individual harmed to be a judge whom
14 the person intended to harm as a result of the judge's
15 performance of his or her official duties as a judge;
16 (13) Knows the individual harmed to be an employee
17 of the Illinois Department of Children and Family
18 Services engaged in the performance of his authorized
19 duties as such employee;
20 (14) Knows the individual harmed to be a person who
21 is physically handicapped;
22 (15) Knowingly and without legal justification and
23 by any means causes bodily harm to a merchant who detains
24 the person for an alleged commission of retail theft
25 under Section 16A-5 of this Code. In this item (15),
26 "merchant" has the meaning ascribed to it in Section
27 16A-2.4 of this Code; or
28 (16) Is, or the person battered is, in any building
29 or other structure used to provide shelter or other
30 services to victims or to the dependent children of
31 victims of domestic violence pursuant to the Illinois
32 Domestic Violence Act of 1986 or the Domestic Violence
33 Shelters Act, or the person battered is within 500 feet
34 of such a building or other structure while going to or
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1 from such a building or other structure. "Domestic
2 violence" has the meaning ascribed to it in Section 103
3 of the Illinois Domestic Violence Act of 1986. "Building
4 or other structure used to provide shelter" has the
5 meaning ascribed to "shelter" in Section 1 of the
6 Domestic Violence Shelters Act; or.
7 (17) Knows the individual harmed to be an employee
8 of a police or sheriff's department in the performance of
9 his or her authorized duties as such employee.
10 For the purpose of paragraph (14) of subsection (b) of
11 this Section, a physically handicapped person is a person who
12 suffers from a permanent and disabling physical
13 characteristic, resulting from disease, injury, functional
14 disorder or congenital condition.
15 (c) A person who administers to an individual or causes
16 him to take, without his consent or by threat or deception,
17 and for other than medical purposes, any intoxicating,
18 poisonous, stupefying, narcotic, anesthetic, or controlled
19 substance commits aggravated battery.
20 (d) A person who knowingly gives to another person any
21 food that contains any substance or object that is intended
22 to cause physical injury if eaten, commits aggravated
23 battery.
24 (d-3) A person commits aggravated battery when he or she
25 knowingly and without lawful justification shines or flashes
26 a laser gunsight or other laser device that is attached or
27 affixed to a firearm, or used in concert with a firearm, so
28 that the laser beam strikes upon or against the person of
29 another.
30 (d-5) An inmate of a penal institution who causes or
31 attempts to cause a correctional employee of the penal
32 institution to come into contact with blood, seminal fluid,
33 urine, or feces, by throwing, tossing, or expelling that
34 fluid or material commits aggravated battery. For purposes
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1 of this subsection (d-5), "correctional employee" means a
2 person who is employed by a penal institution.
3 (e) Sentence.
4 Aggravated battery is a Class 3 felony.
5 (Source: P.A. 91-357, eff. 7-29-99; 91-488, eff. 1-1-00;
6 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; 92-16, eff.
7 6-28-01; 92-516, eff. 1-1-02.)".