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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
92_SB2030eng SB2030 Engrossed LRB9216007RCpk 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Sections 12-2, 12-4, and 31-1 as follows: 6 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2) 7 Sec. 12-2. Aggravated assault. 8 (a) A person commits an aggravated assault, when, in 9 committing an assault, he: 10 (1) Uses a deadly weapon or any device manufactured 11 and designed to be substantially similar in appearance to 12 a firearm, other than by discharging a firearm in the 13 direction of another person, a peace officer, a person 14 summoned or directed by a peace officer, a correctional 15 officer or a fireman or in the direction of a vehicle 16 occupied by another person, a peace officer, a person 17 summoned or directed by a peace officer, a correctional 18 officer or a fireman while the officer or fireman is 19 engaged in the execution of any of his official duties, 20 or to prevent the officer or fireman from performing his 21 official duties, or in retaliation for the officer or 22 fireman performing his official duties; 23 (2) Is hooded, robed or masked in such manner as to 24 conceal his identity or any device manufactured and 25 designed to be substantially similar in appearance to a 26 firearm; 27 (3) Knows the individual assaulted to be a teacher 28 or other person employed in any school and such teacher 29 or other employee is upon the grounds of a school or 30 grounds adjacent thereto, or is in any part of a building 31 used for school purposes; SB2030 Engrossed -2- LRB9216007RCpk 1 (4) Knows the individual assaulted to be a 2 supervisor, director, instructor or other person employed 3 in any park district and such supervisor, director, 4 instructor or other employee is upon the grounds of the 5 park or grounds adjacent thereto, or is in any part of a 6 building used for park purposes; 7 (5) Knows the individual assaulted to be a 8 caseworker, investigator, or other person employed by the 9 State Department of Public Aid, a County Department of 10 Public Aid, or the Department of Human Services (acting 11 as successor to the Illinois Department of Public Aid 12 under the Department of Human Services Act) and such 13 caseworker, investigator, or other person is upon the 14 grounds of a public aid office or grounds adjacent 15 thereto, or is in any part of a building used for public 16 aid purposes, or upon the grounds of a home of a public 17 aid applicant, recipient or any other person being 18 interviewed or investigated in the employees' discharge 19 of his duties, or on grounds adjacent thereto, or is in 20 any part of a building in which the applicant, recipient, 21 or other such person resides or is located; 22 (6) Knows the individual assaulted to be a peace 23 officer, or a community policing volunteer, or a fireman 24 while the officer or fireman is engaged in the execution 25 of any of his official duties, or to prevent the officer, 26 community policing volunteer, or fireman from performing 27 his official duties, or in retaliation for the officer, 28 community policing volunteer, or fireman performing his 29 official duties, and the assault is committed other than 30 by the discharge of a firearm in the direction of the 31 officer or fireman or in the direction of a vehicle 32 occupied by the officer or fireman; 33 (7) Knows the individual assaulted to be an 34 emergency medical technician - ambulance, emergency SB2030 Engrossed -3- LRB9216007RCpk 1 medical technician - intermediate, emergency medical 2 technician - paramedic, ambulance driver or other medical 3 assistance or first aid personnel employed by a 4 municipality or other governmental unit engaged in the 5 execution of any of his official duties, or to prevent 6 the emergency medical technician - ambulance, emergency 7 medical technician - intermediate, emergency medical 8 technician - paramedic, ambulance driver, or other 9 medical assistance or first aid personnel from performing 10 his official duties, or in retaliation for the emergency 11 medical technician - ambulance, emergency medical 12 technician - intermediate, emergency medical technician - 13 paramedic, ambulance driver, or other medical assistance 14 or first aid personnel performing his official duties; 15 (8) Knows the individual assaulted to be the 16 driver, operator, employee or passenger of any 17 transportation facility or system engaged in the business 18 of transportation of the public for hire and the 19 individual assaulted is then performing in such capacity 20 or then using such public transportation as a passenger 21 or using any area of any description designated by the 22 transportation facility or system as a vehicle boarding, 23 departure, or transfer location; 24 (9) Or the individual assaulted is on or about a 25 public way, public property, or public place of 26 accommodation or amusement; 27 (10) Knows the individual assaulted to be an 28 employee of the State of Illinois, a municipal 29 corporation therein or a political subdivision thereof, 30 engaged in the performance of his authorized duties as 31 such employee; 32 (11) Knowingly and without legal justification, 33 commits an assault on a physically handicapped person; 34 (12) Knowingly and without legal justification, SB2030 Engrossed -4- LRB9216007RCpk 1 commits an assault on a person 60 years of age or older; 2 (13) Discharges a firearm; 3 (14) Knows the individual assaulted to be a 4 correctional officer, while the officer is engaged in the 5 execution of any of his or her official duties, or to 6 prevent the officer from performing his or her official 7 duties, or in retaliation for the officer performing his 8 or her official duties; or 9 (15) Knows the individual assaulted to be a 10 correctional employee or an employee of the Department of 11 Human Services supervising or controlling sexually 12 dangerous persons or sexually violent persons, while the 13 employee is engaged in the execution of any of his or her 14 official duties, or to prevent the employee from 15 performing his or her official duties, or in retaliation 16 for the employee performing his or her official duties, 17 and the assault is committed other than by the discharge 18 of a firearm in the direction of the employee or in the 19 direction of a vehicle occupied by the employee. 20 (a-5) A person commits an aggravated assault when he or 21 she knowingly and without lawful justification shines or 22 flashes a laser gunsight or other laser device that is 23 attached or affixed to a firearm, or used in concert with a 24 firearm, so that the laser beam strikes near or in the 25 immediate vicinity of any person. 26 (b) Sentence. 27 Aggravated assault as defined in paragraphs (1) through 28 (5) and (7) through (12) of subsection (a) of this Section is 29 a Class A misdemeanor. Aggravated assault as defined in 30 paragraphs (13), (14), and (15) of subsection (a) of this 31 Section and as defined in subsection (a-5) of this Section is 32 a Class 4 felony. Aggravated assault as defined in paragraph 33 (6) of subsection (a) of this Section is a Class A 34 misdemeanor if a firearm is not used in the commission of the SB2030 Engrossed -5- LRB9216007RCpk 1 assault. Aggravated assault as defined in paragraph (6) of 2 subsection (a) of this Section is a Class 4 felony if a 3 firearm is used in the commission of the assault. 4 (Source: P.A. 90-406, eff. 8-15-97; 90-651, eff. 1-1-99; 5 91-672, eff. 1-1-00.) 6 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4) 7 Sec. 12-4. Aggravated Battery. 8 (a) A person who, in committing a battery, intentionally 9 or knowingly causes great bodily harm, or permanent 10 disability or disfigurement commits aggravated battery. 11 (b) In committing a battery, a person commits aggravated 12 battery if he or she: 13 (1) Uses a deadly weapon other than by the 14 discharge of a firearm; 15 (2) Is hooded, robed or masked, in such manner as 16 to conceal his identity; 17 (3) Knows the individual harmed to be a teacher or 18 other person employed in any school and such teacher or 19 other employee is upon the grounds of a school or grounds 20 adjacent thereto, or is in any part of a building used 21 for school purposes; 22 (4) Knows the individual harmed to be a supervisor, 23 director, instructor or other person employed in any park 24 district and such supervisor, director, instructor or 25 other employee is upon the grounds of the park or grounds 26 adjacent thereto, or is in any part of a building used 27 for park purposes; 28 (5) Knows the individual harmed to be a caseworker, 29 investigator, or other person employed by the State 30 Department of Public Aid, a County Department of Public 31 Aid, or the Department of Human Services (acting as 32 successor to the Illinois Department of Public Aid under 33 the Department of Human Services Act) and such SB2030 Engrossed -6- LRB9216007RCpk 1 caseworker, investigator, or other person is upon the 2 grounds of a public aid office or grounds adjacent 3 thereto, or is in any part of a building used for public 4 aid purposes, or upon the grounds of a home of a public 5 aid applicant, recipient, or any other person being 6 interviewed or investigated in the employee's discharge 7 of his duties, or on grounds adjacent thereto, or is in 8 any part of a building in which the applicant, recipient, 9 or other such person resides or is located; 10 (6) Knows the individual harmed to be a peace 11 officer, a community policing volunteer, a correctional 12 institution employee, an employee of the Department of 13 Human Services supervising or controlling sexually 14 dangerous persons or sexually violent persons, or a 15 fireman while such officer, volunteer, employee or 16 fireman is engaged in the execution of any official 17 duties including arrest or attempted arrest, or to 18 prevent the officer, volunteer, employee or fireman from 19 performing official duties, or in retaliation for the 20 officer, volunteer, employee or fireman performing 21 official duties, and the battery is committed other than 22 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, other medical assistance, 27 first aid personnel, or hospital emergency room personnel 28 engaged in the performance of any of his or her official 29 duties, or to prevent the emergency medical technician - 30 ambulance, emergency medical technician - intermediate, 31 emergency medical technician - paramedic, ambulance 32 driver, other medical assistance, first aid personnel, or 33 hospital emergency room personnel from performing 34 official duties, or in retaliation for performing SB2030 Engrossed -7- LRB9216007RCpk 1 official duties; 2 (8) Is, or the person battered is, on or about a 3 public way, public property or public place of 4 accommodation or amusement; 5 (9) Knows the individual harmed to be the driver, 6 operator, employee or passenger of any transportation 7 facility or system engaged in the business of 8 transportation of the public for hire and the individual 9 assaulted is then performing in such capacity or then 10 using such public transportation as a passenger or using 11 any area of any description designated by the 12 transportation facility or system as a vehicle boarding, 13 departure, or transfer location; 14 (10) Knowingly and without legal justification and 15 by any means causes bodily harm to an individual of 60 16 years of age or older; 17 (11) Knows the individual harmed is pregnant; 18 (12) Knows the individual harmed to be a judge whom 19 the person intended to harm as a result of the judge's 20 performance of his or her official duties as a judge; 21 (13) Knows the individual harmed to be an employee 22 of the Illinois Department of Children and Family 23 Services engaged in the performance of his authorized 24 duties as such employee; 25 (14) Knows the individual harmed to be a person who 26 is physically handicapped; 27 (15) Knowingly and without legal justification and 28 by any means causes bodily harm to a merchant who detains 29 the person for an alleged commission of retail theft 30 under Section 16A-5 of this Code. In this item (15), 31 "merchant" has the meaning ascribed to it in Section 32 16A-2.4 of this Code; or 33 (16) Is, or the person battered is, in any building 34 or other structure used to provide shelter or other SB2030 Engrossed -8- LRB9216007RCpk 1 services to victims or to the dependent children of 2 victims of domestic violence pursuant to the Illinois 3 Domestic Violence Act of 1986 or the Domestic Violence 4 Shelters Act, or the person battered is within 500 feet 5 of such a building or other structure while going to or 6 from such a building or other structure. "Domestic 7 violence" has the meaning ascribed to it in Section 103 8 of the Illinois Domestic Violence Act of 1986. "Building 9 or other structure used to provide shelter" has the 10 meaning ascribed to "shelter" in Section 1 of the 11 Domestic Violence Shelters Act. 12 For the purpose of paragraph (14) of subsection (b) of 13 this Section, a physically handicapped person is a person who 14 suffers from a permanent and disabling physical 15 characteristic, resulting from disease, injury, functional 16 disorder or congenital condition. 17 (c) A person who administers to an individual or causes 18 him to take, without his consent or by threat or deception, 19 and for other than medical purposes, any intoxicating, 20 poisonous, stupefying, narcotic, anesthetic, or controlled 21 substance commits aggravated battery. 22 (d) A person who knowingly gives to another person any 23 food that contains any substance or object that is intended 24 to cause physical injury if eaten, commits aggravated 25 battery. 26 (d-3) A person commits aggravated battery when he or she 27 knowingly and without lawful justification shines or flashes 28 a laser gunsight or other laser device that is attached or 29 affixed to a firearm, or used in concert with a firearm, so 30 that the laser beam strikes upon or against the person of 31 another. 32 (d-5) An inmate of a penal institution or a sexually 33 dangerous person or a sexually violent person in the custody 34 of the Department of Human Services who causes or attempts to SB2030 Engrossed -9- LRB9216007RCpk 1 cause a correctional employee of the penal institution or an 2 employee of the Department of Human Services to come into 3 contact with blood, seminal fluid, urine, or feces, by 4 throwing, tossing, or expelling that fluid or material 5 commits aggravated battery. For purposes of this subsection 6 (d-5), "correctional employee" means a person who is employed 7 by a penal institution. 8 (e) Sentence. 9 Aggravated battery is a Class 3 felony, except a 10 violation of subsection (a) is a Class 2 felony when the 11 person knows the individual harmed to be a peace officer 12 engaged in the execution of any of his or her official 13 duties, or the battery is to prevent the officer from 14 performing his or her official duties, or in retaliation for 15 the officer performing his or her official duties. 16 (Source: P.A. 91-357, eff. 7-29-99; 91-488, eff. 1-1-00; 17 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; 92-16, eff. 18 6-28-01; 92-516, eff. 1-1-02.) 19 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1) 20 Sec. 31-1. Resisting or obstructing a peace officer or 21 correctional institution employee. 22 (a) A person who knowingly resists or obstructs the 23 performance by one known to the person to be a peace officer 24 or correctional institution employee of any authorized act 25 within his official capacity commits a Class A misdemeanor. 26 (a-5) In addition to any other sentence that may be 27 imposed, a court shall order any person convicted of 28 resisting or obstructing a peace officer to be sentenced to a 29 minimum of 48 consecutive hours of imprisonment or ordered to 30 perform community service for not less than 100 hours as may 31 be determined by the court. The person shall not be eligible 32 for probation in order to reduce the sentence of imprisonment 33 or community service. SB2030 Engrossed -10- LRB9216007RCpk 1 (a-7) A person convicted for a violation of this Section 2 whose violation was the proximate cause of an injury to a 3 peace officer is guilty of a Class 4 felony. 4 (b) For purposes of this Section, "correctional 5 institution employee" means any person employed to supervise 6 and control inmates incarcerated in a penitentiary, State 7 farm, reformatory, prison, jail, house of correction, police 8 detention area, half-way house, or other institution or place 9 for the incarceration or custody of persons under sentence 10 for offenses or awaiting trial or sentence for offenses, 11 under arrest for an offense, a violation of probation, a 12 violation of parole, or a violation of mandatory supervised 13 release, or awaiting a bail setting hearing or preliminary 14 hearing, or who are sexually dangerous persons or who are 15 sexually violent persons. 16 (Source: P.A. 87-1198.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.