Illinois General Assembly - Full Text of Public Act 095-0292
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Public Act 095-0292


 

Public Act 0292 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0292
 
HB0439 Enrolled LRB095 04098 RLC 24136 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 1961 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) A person commits an aggravated assault, when, in
committing an assault, he:
        (1) Uses a deadly weapon or any device manufactured and
    designed to be substantially similar in appearance to a
    firearm, other than by discharging a firearm in the
    direction of another person, a peace officer, a person
    summoned or directed by a peace officer, a correctional
    officer or a fireman or in the direction of a vehicle
    occupied by another person, a peace officer, a person
    summoned or directed by a peace officer, a correctional
    officer or a fireman while the officer or fireman is
    engaged in the execution of any of his official duties, or
    to prevent the officer or fireman from performing his
    official duties, or in retaliation for the officer or
    fireman performing his official duties;
        (2) Is hooded, robed or masked in such manner as to
    conceal his identity or any device manufactured and
    designed to be substantially similar in appearance to a
    firearm;
        (3) Knows the individual assaulted to be a teacher or
    other person employed in any school and such teacher or
    other employee is upon the grounds of a school or grounds
    adjacent thereto, or is in any part of a building used for
    school purposes;
        (4) Knows the individual assaulted to be a supervisor,
    director, instructor or other person employed in any park
    district and such supervisor, director, instructor or
    other employee is upon the grounds of the park or grounds
    adjacent thereto, or is in any part of a building used for
    park purposes;
        (5) Knows the individual assaulted to be a caseworker,
    investigator, or other person employed by the Department of
    Healthcare and Family Services (formerly State Department
    of Public Aid), a County Department of Public Aid, or the
    Department of Human Services (acting as successor to the
    Illinois Department of Public Aid under the Department of
    Human Services Act) and such caseworker, investigator, or
    other person is upon the grounds of a public aid office or
    grounds adjacent thereto, or is in any part of a building
    used for public aid purposes, or upon the grounds of a home
    of a public aid applicant, recipient or any other person
    being interviewed or investigated in the employees'
    discharge of his duties, or on grounds adjacent thereto, or
    is in any part of a building in which the applicant,
    recipient, or other such person resides or is located;
        (6) Knows the individual assaulted to be a peace
    officer, or a community policing volunteer, or a fireman
    while the officer or fireman is engaged in the execution of
    any of his official duties, or to prevent the officer,
    community policing volunteer, or fireman from performing
    his official duties, or in retaliation for the officer,
    community policing volunteer, or fireman performing his
    official duties, and the assault is committed other than by
    the discharge of a firearm in the direction of the officer
    or fireman or in the direction of a vehicle occupied by the
    officer or fireman;
        (7) Knows the individual assaulted to be an emergency
    medical technician - ambulance, emergency medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver or other medical assistance or
    first aid personnel engaged in the execution of any of his
    official duties, or to prevent the emergency medical
    technician - ambulance, emergency medical technician -
    intermediate, emergency medical technician - paramedic,
    ambulance driver, or other medical assistance or first aid
    personnel from performing his official duties, or in
    retaliation for the emergency medical technician -
    ambulance, emergency medical technician - intermediate,
    emergency medical technician - paramedic, ambulance
    driver, or other medical assistance or first aid personnel
    performing his official duties;
        (8) Knows the individual assaulted to be the driver,
    operator, employee or passenger of any transportation
    facility or system engaged in the business of
    transportation of the public for hire and the individual
    assaulted is then performing in such capacity or then using
    such public transportation as a passenger or using any area
    of any description designated by the transportation
    facility or system as a vehicle boarding, departure, or
    transfer location;
        (9) Or the individual assaulted is on or about a public
    way, public property, or public place of accommodation or
    amusement;
        (9.5) Is, or the individual assaulted is, in or about a
    publicly or privately owned sports or entertainment arena,
    stadium, community or convention hall, special event
    center, amusement facility, or a special event center in a
    public park during any 24-hour period when a professional
    sporting event, National Collegiate Athletic Association
    (NCAA)-sanctioned sporting event, United States Olympic
    Committee-sanctioned sporting event, or International
    Olympic Committee-sanctioned sporting event is taking
    place in this venue;
        (10) Knows the individual assaulted to be an employee
    of the State of Illinois, a municipal corporation therein
    or a political subdivision thereof, engaged in the
    performance of his authorized duties as such employee;
        (11) Knowingly and without legal justification,
    commits an assault on a physically handicapped person;
        (12) Knowingly and without legal justification,
    commits an assault on a person 60 years of age or older;
        (13) Discharges a firearm, other than from a motor
    vehicle;
        (13.5) Discharges a firearm from a motor vehicle;
        (14) Knows the individual assaulted to be a
    correctional officer, while the officer is engaged in the
    execution of any of his or her official duties, or to
    prevent the officer from performing his or her official
    duties, or in retaliation for the officer performing his or
    her official duties;
        (15) Knows the individual assaulted to be a
    correctional employee or an employee of the Department of
    Human Services supervising or controlling sexually
    dangerous persons or sexually violent persons, while the
    employee is engaged in the execution of any of his or her
    official duties, or to prevent the employee from performing
    his or her official duties, or in retaliation for the
    employee performing his or her official duties, and the
    assault is committed other than by the discharge of a
    firearm in the direction of the employee or in the
    direction of a vehicle occupied by the employee;
        (16) Knows the individual assaulted to be an employee
    of a police or sheriff's department engaged in the
    performance of his or her official duties as such employee;
    or
        (17) Knows the individual assaulted to be a sports
    official or coach at any level of competition and the act
    causing the assault to the sports official or coach
    occurred within an athletic facility or an indoor or
    outdoor playing field or within the immediate vicinity of
    the athletic facility or an indoor or outdoor playing field
    at which the sports official or coach was an active
    participant in the athletic contest held at the athletic
    facility. For the purposes of this paragraph (17), "sports
    official" means a person at an athletic contest who
    enforces the rules of the contest, such as an umpire or
    referee; and "coach" means a person recognized as a coach
    by the sanctioning authority that conducted the athletic
    contest; or .
        (18) Knows the individual assaulted to be an emergency
    management worker, while the emergency management worker
    is engaged in the execution of any of his or her official
    duties, or to prevent the emergency management worker from
    performing his or her official duties, or in retaliation
    for the emergency management worker performing his or her
    official duties, and the assault is committed other than by
    the discharge of a firearm in the direction of the
    emergency management worker or in the direction of a
    vehicle occupied by the emergency management worker.
    (a-5) A person commits an aggravated assault when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed 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.
    (b) Sentence.
    Aggravated assault as defined in paragraphs (1) through (5)
and (8) through (12) and (17) of subsection (a) of this Section
is a Class A misdemeanor. Aggravated assault as defined in
paragraphs (13), (14), and (15) of subsection (a) of this
Section and as defined in subsection (a-5) of this Section is a
Class 4 felony. Aggravated assault as defined in paragraphs
(6), (7), (16), and (18) of subsection (a) of this Section is a
Class A misdemeanor if a firearm is not used in the commission
of the assault. Aggravated assault as defined in paragraphs
(6), (7), (16), and (18) of subsection (a) of this Section is a
Class 4 felony if a firearm is used in the commission of the
assault. Aggravated assault as defined in paragraph (13.5) of
subsection (a) is a Class 3 felony.
(Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482,
eff. 1-1-06; revised 12-15-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2007