Illinois General Assembly - Full Text of Public Act 099-0256
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Public Act 099-0256


 

Public Act 0256 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0256
 
HB3184 EnrolledLRB099 06229 RLC 26294 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 12-2 as follows:
 
    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
    Sec. 12-2. Aggravated assault.
    (a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against an
individual who is on or about a public way, public property, a
public place of accommodation or amusement, or a sports venue.
    (b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
        (1) A physically handicapped person or a person 60
    years of age or older and the assault is without legal
    justification.
        (2) A teacher or school employee upon school grounds or
    grounds adjacent to a school or in any part of a building
    used for school purposes.
        (3) A park district employee upon park grounds or
    grounds adjacent to a park or in any part of a building
    used for park purposes.
        (4) A peace officer, community policing volunteer,
    fireman, private security officer, emergency management
    worker, emergency medical technician, or utility worker:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (4.1) A peace officer, fireman, emergency management
    worker, or emergency medical technician:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (5) A correctional officer or probation officer:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (6) A correctional institution employee, a county
    juvenile detention center employee who provides direct and
    continuous supervision of residents of a juvenile
    detention center, including a county juvenile detention
    center employee who supervises recreational activity for
    residents of a juvenile detention center, or a Department
    of Human Services employee, Department of Human Services
    officer, or employee of a subcontractor of the Department
    of Human Services supervising or controlling sexually
    dangerous persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (7) An employee of the State of Illinois, a municipal
    corporation therein, or a political subdivision thereof,
    performing his or her official duties.
        (8) A transit employee performing his or her official
    duties, or a transit passenger.
        (9) A sports official or coach actively participating
    in any level of athletic competition within a sports venue,
    on an indoor playing field or outdoor playing field, or
    within the immediate vicinity of such a facility or field.
        (10) A person authorized to serve process under Section
    2-202 of the Code of Civil Procedure or a special process
    server appointed by the circuit court, while that
    individual is in the performance of his or her duties as a
    process server.
    (c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:
        (1) Uses a deadly weapon, an air rifle as defined in
    Section 24.8-0.1 of this Act the Air Rifle Act, or any
    device manufactured and designed to be substantially
    similar in appearance to a firearm, other than by
    discharging a firearm.
        (2) Discharges a firearm, other than from a motor
    vehicle.
        (3) Discharges a firearm from a motor vehicle.
        (4) Wears a hood, robe, or mask to conceal his or her
    identity.
        (5) Knowingly and without lawful justification shines
    or flashes a laser gun sight or other laser device attached
    to a firearm, or used in concert with a firearm, so that
    the laser beam strikes near or in the immediate vicinity of
    any person.
        (6) Uses a firearm, other than by discharging the
    firearm, against a peace officer, community policing
    volunteer, fireman, private security officer, emergency
    management worker, emergency medical technician, employee
    of a police department, employee of a sheriff's department,
    or traffic control municipal employee:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (7) Without justification operates a motor vehicle in a
    manner which places a person, other than a person listed in
    subdivision (b)(4), in reasonable apprehension of being
    struck by the moving motor vehicle.
        (8) Without justification operates a motor vehicle in a
    manner which places a person listed in subdivision (b)(4),
    in reasonable apprehension of being struck by the moving
    motor vehicle.
        (9) Knowingly video or audio records the offense with
    the intent to disseminate the recording.
    (d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
aggravated assault as defined in subdivision (b)(4) and (b)(7)
is a Class 4 felony if a Category I, Category II, or Category
III weapon is used in the commission of the assault. Aggravated
assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
Aggravated assault as defined in subdivision (c)(3) or (c)(8)
is a Class 3 felony.
    (e) For the purposes of this Section, "Category I weapon",
"Category II weapon, and "Category III weapon" have the
meanings ascribed to those terms in Section 33A-1 of this Code.
(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12;
97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff.
1-1-14; revised 12-10-14.)

Effective Date: 1/1/2016