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92_HB4179sam002
LRB9212477RCdvam01
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 4, line 8, by replacing "or" with "or"; and
10 on page 4, line 17, by replacing "." with the following:
11 "; or.
12 (16) Knows the individual assaulted to be an
13 employee of a police or sheriff's department engaged in
14 the performance of his or her authorized duties as such
15 employee."; and
16 on page 4, line 31, by changing "(6) and (7)" to "(6), (7),
17 and (16)"; and
18 on page 4, line 34, by changing "(6) and (7)" to "(6), (7),
19 and (16)"; and
20 on page 5, by inserting below line 4 the following:
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1 "(720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
2 Sec. 12-4. Aggravated Battery.
3 (a) A person who, in committing a battery, intentionally
4 or knowingly causes great bodily harm, or permanent
5 disability or disfigurement commits aggravated battery.
6 (b) In committing a battery, a person commits aggravated
7 battery if he or she:
8 (1) Uses a deadly weapon other than by the
9 discharge of a firearm;
10 (2) Is hooded, robed or masked, in such manner as
11 to conceal his identity;
12 (3) Knows the individual harmed to be a teacher or
13 other person employed in any school and such teacher or
14 other employee is upon the grounds of a school or grounds
15 adjacent thereto, or is in any part of a building used
16 for school purposes;
17 (4) Knows the individual harmed to be a supervisor,
18 director, instructor or other person employed in any park
19 district and such supervisor, director, instructor or
20 other employee is upon the grounds of the park or grounds
21 adjacent thereto, or is in any part of a building used
22 for park purposes;
23 (5) Knows the individual harmed to be a caseworker,
24 investigator, or other person employed by the State
25 Department of Public Aid, a County Department of Public
26 Aid, or the Department of Human Services (acting as
27 successor to the Illinois Department of Public Aid under
28 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 employee's 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 harmed to be a peace
5 officer, a community policing volunteer, a correctional
6 institution employee, or a fireman while such officer,
7 volunteer, employee or fireman is engaged in the
8 execution of any official duties including arrest or
9 attempted arrest, or to prevent the officer, volunteer,
10 employee or fireman from performing official duties, or
11 in retaliation for the officer, volunteer, employee or
12 fireman performing official duties, and the battery is
13 committed other than by the discharge of a firearm;
14 (7) Knows the individual harmed to be an emergency
15 medical technician - ambulance, emergency medical
16 technician - intermediate, emergency medical technician -
17 paramedic, ambulance driver, other medical assistance,
18 first aid personnel, or hospital emergency room personnel
19 engaged in the performance of any of his or her official
20 duties, or to prevent the emergency medical technician -
21 ambulance, emergency medical technician - intermediate,
22 emergency medical technician - paramedic, ambulance
23 driver, other medical assistance, first aid personnel, or
24 hospital emergency room personnel from performing
25 official duties, or in retaliation for performing
26 official duties;
27 (8) Is, or the person battered is, on or about a
28 public way, public property or public place of
29 accommodation or amusement;
30 (9) Knows the individual harmed to be the driver,
31 operator, employee or passenger of any transportation
32 facility or system engaged in the business of
33 transportation of the public for hire and the individual
34 assaulted is then performing in such capacity or then
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1 using such public transportation as a passenger or using
2 any area of any description designated by the
3 transportation facility or system as a vehicle boarding,
4 departure, or transfer location;
5 (10) Knowingly and without legal justification and
6 by any means causes bodily harm to an individual of 60
7 years of age or older;
8 (11) Knows the individual harmed is pregnant;
9 (12) Knows the individual harmed to be a judge whom
10 the person intended to harm as a result of the judge's
11 performance of his or her official duties as a judge;
12 (13) Knows the individual harmed to be an employee
13 of the Illinois Department of Children and Family
14 Services engaged in the performance of his authorized
15 duties as such employee;
16 (14) Knows the individual harmed to be a person who
17 is physically handicapped;
18 (15) Knowingly and without legal justification and
19 by any means causes bodily harm to a merchant who detains
20 the person for an alleged commission of retail theft
21 under Section 16A-5 of this Code. In this item (15),
22 "merchant" has the meaning ascribed to it in Section
23 16A-2.4 of this Code; or
24 (16) Is, or the person battered is, in any building
25 or other structure used to provide shelter or other
26 services to victims or to the dependent children of
27 victims of domestic violence pursuant to the Illinois
28 Domestic Violence Act of 1986 or the Domestic Violence
29 Shelters Act, or the person battered is within 500 feet
30 of such a building or other structure while going to or
31 from such a building or other structure. "Domestic
32 violence" has the meaning ascribed to it in Section 103
33 of the Illinois Domestic Violence Act of 1986. "Building
34 or other structure used to provide shelter" has the
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1 meaning ascribed to "shelter" in Section 1 of the
2 Domestic Violence Shelters Act; or.
3 (17) Knows the individual harmed to be an employee
4 of a police or sheriff's department in the performance of
5 his or her authorized duties as such employee.
6 For the purpose of paragraph (14) of subsection (b) of
7 this Section, a physically handicapped person is a person who
8 suffers from a permanent and disabling physical
9 characteristic, resulting from disease, injury, functional
10 disorder or congenital condition.
11 (c) A person who administers to an individual or causes
12 him to take, without his consent or by threat or deception,
13 and for other than medical purposes, any intoxicating,
14 poisonous, stupefying, narcotic, anesthetic, or controlled
15 substance commits aggravated battery.
16 (d) A person who knowingly gives to another person any
17 food that contains any substance or object that is intended
18 to cause physical injury if eaten, commits aggravated
19 battery.
20 (d-3) A person commits aggravated battery when he or she
21 knowingly and without lawful justification shines or flashes
22 a laser gunsight or other laser device that is attached or
23 affixed to a firearm, or used in concert with a firearm, so
24 that the laser beam strikes upon or against the person of
25 another.
26 (d-5) An inmate of a penal institution who causes or
27 attempts to cause a correctional employee of the penal
28 institution to come into contact with blood, seminal fluid,
29 urine, or feces, by throwing, tossing, or expelling that
30 fluid or material commits aggravated battery. For purposes
31 of this subsection (d-5), "correctional employee" means a
32 person who is employed by a penal institution.
33 (e) Sentence.
34 Aggravated battery is a Class 3 felony.
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1 (Source: P.A. 91-357, eff. 7-29-99; 91-488, eff. 1-1-00;
2 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; 92-16, eff.
3 6-28-01; 92-516, eff. 1-1-02.)".