Public Act 90-0406 of the 90th General Assembly
Public Act 90-0406
SB429 Enrolled LRB9000783RCks
AN ACT to amend the Criminal Code of 1961 by changing
Section 12-2.
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)
(Text of Section before amendment by P.A. 89-507)
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
State Department of Public Aid or a County Department of
Public Aid 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 person summoned and directed by him, 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, 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 employed by a
municipality or other governmental unit 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;
(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;
(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; or
(15) Knows the individual assaulted to be a
correctional employee, 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.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through
(5) and (7) through (12) 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 is a Class 4 felony. Aggravated assault as defined in
paragraph (6) 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 paragraph (6) of
subsection (a) of this Section is a Class 4 felony if a
firearm is used in the commission of the assault.
(Source: P.A. 87-921; 88-311; 88-433; 88-467; 88-670, eff.
12-2-94.)
(Text of Section after amendment by P.A. 89-507)
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
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 person summoned and directed by him, 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, 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 employed by a
municipality or other governmental unit 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;
(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;
(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; or
(15) Knows the individual assaulted to be a
correctional employee, 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.
(b) Sentence.
Aggravated assault as defined in paragraphs (1) through
(5) and (7) through (12) 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 is a Class 4 felony. Aggravated assault as defined in
paragraph (6) 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 paragraph (6) of
subsection (a) of this Section is a Class 4 felony if a
firearm is used in the commission of the assault.
(Source: P.A. 88-311; 88-433; 88-467; 88-670, eff. 12-2-94;
89-507, eff. 7-1-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.