| |
Public Act 099-0256 Public Act 0256 99TH GENERAL ASSEMBLY |
Public Act 099-0256 | HB3184 Enrolled | LRB099 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
|
|
|