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HB0699 Engrossed |
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LRB096 04553 RLC 14608 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 12-4 as follows:
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| (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
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| Sec. 12-4. Aggravated Battery.
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| (a) A person who, in committing a battery, intentionally or |
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| knowingly
causes great bodily harm, or permanent disability or |
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| disfigurement commits
aggravated battery.
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| (b) In committing a battery, a person commits aggravated |
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| battery if he or
she:
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| (1) Uses a deadly weapon other than by the discharge of |
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| a firearm;
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| (2) Is hooded, robed or masked, in such manner as to |
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| conceal his
identity;
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| (3) Knows the individual harmed to be a teacher or |
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| other person
employed in any school and such teacher or |
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| other employee is upon the
grounds of a school or grounds |
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| adjacent thereto, or is in any part of a
building used for |
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| school purposes;
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| (4) (Blank);
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| (5) (Blank);
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LRB096 04553 RLC 14608 b |
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| (6) Knows the individual harmed to be a community
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| policing volunteer while
such volunteer is engaged in the |
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| execution of
any official duties, or to prevent the |
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| volunteer from performing official duties, or in
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| retaliation for the volunteer performing official
duties, |
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| and the battery is committed other than by the discharge of |
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| a firearm;
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| (7) Knows the individual harmed to be an emergency |
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| medical technician -
ambulance, emergency medical |
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| technician - intermediate, emergency medical
technician - |
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| paramedic, ambulance driver, other medical assistance, |
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| first
aid personnel, or hospital personnel engaged in the
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| performance of any of his or her official duties,
or to |
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| prevent the emergency medical technician - ambulance, |
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| emergency medical
technician - intermediate, emergency |
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| medical technician - paramedic, ambulance
driver, other |
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| medical assistance, first aid personnel, or
hospital |
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| personnel from performing
official duties, or in |
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| retaliation for performing official duties;
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| (8) Is, or the person battered is, on or about a public |
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| way, public
property or public place of accommodation or |
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| amusement;
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| (8.5) Is, or the person battered is, on a publicly or |
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| privately owned sports or entertainment arena, stadium, |
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| community or convention hall, special event center, |
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| amusement facility, or a special event center in a public |
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LRB096 04553 RLC 14608 b |
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| park during any 24-hour period when a professional sporting |
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| event, National Collegiate Athletic Association |
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| (NCAA)-sanctioned sporting event, United States Olympic |
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| Committee-sanctioned sporting event, or International |
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| Olympic Committee-sanctioned sporting event is taking |
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| place in this venue;
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| (9) Knows the individual harmed to be the driver, |
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| operator, employee
or passenger of any transportation |
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| facility or system engaged in the
business of |
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| transportation of the public for hire and the individual
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| assaulted is then performing in such capacity or then using |
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| such public
transportation as a passenger or using any area |
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| of any description
designated by the transportation |
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| facility or system as a vehicle
boarding, departure, or |
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| transfer location;
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| (10) Knows the individual harmed to be an individual of |
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| 60 years of age or older;
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| (11) Knows the individual harmed is pregnant;
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| (12) Knows the individual harmed to be a judge whom the
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| person intended to harm as a result of the judge's |
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| performance of his or
her official duties as a judge;
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| (13) (Blank);
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| (14) Knows the individual harmed to be a person who is |
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| physically
handicapped;
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| (15) Knowingly and without legal justification and by |
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| any means causes
bodily harm to a merchant who detains the |
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LRB096 04553 RLC 14608 b |
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| person for an alleged commission of
retail theft under |
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| Section 16A-5 of this Code.
In this item (15), "merchant" |
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| has the meaning ascribed to it in Section
16A-2.4 of this |
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| Code;
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| (16) Is, or the person battered is, in any building or |
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| other structure
used to provide shelter or other services |
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| to victims or to the dependent
children of victims of |
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| domestic violence pursuant to the Illinois Domestic
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| Violence Act of 1986 or the Domestic Violence Shelters Act, |
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| or the person
battered is within 500 feet of such a |
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| building or other structure while going
to or from such a |
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| building or other structure. "Domestic violence" has the
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| meaning ascribed to it in Section 103 of the Illinois |
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| Domestic Violence Act of
1986. "Building or other structure |
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| used to provide shelter" has the meaning
ascribed to |
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| "shelter" in Section 1 of the Domestic Violence Shelters |
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| Act;
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| (17) (Blank);
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| (18) Knows the individual harmed to be an officer or |
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| employee of the State of Illinois, a unit of local |
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| government, or school district engaged in the performance |
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| of his or her authorized duties as such officer or |
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| employee; |
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| (19) Knows the individual harmed to be an emergency |
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| management worker
engaged in the performance of any of his |
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| or her official duties, or to prevent
the emergency |
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LRB096 04553 RLC 14608 b |
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| management worker from performing official duties, or in
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| retaliation for the emergency management worker performing |
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| official duties; |
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| (20) Knows the individual harmed to be a private |
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| security officer engaged in the performance of any of his |
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| or her official duties, or to prevent
the private security |
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| officer from performing official duties, or in
retaliation |
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| for the private security officer performing official |
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| duties; or |
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| (21)
Knows the individual harmed to be a taxi driver |
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| and the battery is committed while the taxi driver is on |
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| duty; or |
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| (22)
Knows the individual harmed to be a utility |
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| worker, while the utility worker is engaged in the |
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| execution of his or her duties, or to prevent the utility |
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| worker from performing his or her duties, or in retaliation |
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| for the utility worker performing his or her duties. In |
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| this paragraph (22), "utility worker" means a person |
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| employed by a public utility as defined in Section 3-105 of |
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| the Public Utilities Act and also includes an employee of a |
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| municipally owned utility, an employee of a cable |
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| television company, an employee of an electric
cooperative |
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| as defined in Section 3-119 of the Public Utilities
Act, an |
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| independent contractor or an employee of an independent
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| contractor working on behalf of a cable television company, |
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| public utility, municipally
owned utility, or an electric |
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LRB096 04553 RLC 14608 b |
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| cooperative, or an employee of a
telecommunications |
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| carrier as defined in Section 13-202 of the
Public |
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| Utilities Act, an independent contractor or an employee of
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| an independent contractor working on behalf of a
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| telecommunications carrier, or an employee of a telephone |
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| or
telecommunications cooperative as defined in Section |
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| 13-212 of
the Public Utilities Act, or an independent |
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| contractor or an
employee of an independent contractor |
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| working on behalf of a
telephone or telecommunications |
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| cooperative.
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| For the purpose of paragraph (14) of subsection (b) of this |
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| Section, a
physically handicapped person is a person who |
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| suffers from a permanent and
disabling physical |
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| characteristic, resulting from disease, injury,
functional |
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| disorder or congenital condition.
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| For the purpose of paragraph (20) of subsection (b) and |
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| subsection (e) of this Section, "private security officer" |
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| means a registered employee of a private security contractor |
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| agency under the Private Detective, Private Alarm, Private |
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| Security, Fingerprint Vendor, and Locksmith Act of 2004. |
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| (c) A person who administers to an individual or causes him |
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| to take,
without his consent or by threat or deception, and for |
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| other than
medical purposes, any intoxicating, poisonous, |
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| stupefying, narcotic,
anesthetic, or controlled substance |
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| commits aggravated battery.
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| (d) A person who knowingly gives to another person any food |
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LRB096 04553 RLC 14608 b |
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| that
contains any substance or object that is intended to cause |
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| physical
injury if eaten, commits aggravated battery.
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| (d-3) A person commits aggravated battery when he or she |
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| knowingly and
without lawful justification shines or flashes a |
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| laser gunsight or other laser
device that is attached or |
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| affixed to a firearm, or used in concert with a
firearm, so |
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| that the laser beam strikes upon or against the person of |
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| another.
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| (d-5) An inmate of a penal institution or a sexually |
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| dangerous person or a
sexually violent person in the custody of |
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| the Department of Human Services
who causes or attempts to |
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| cause a
correctional employee of the penal institution or an |
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| employee of the
Department of Human Services to come into |
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| contact with blood,
seminal fluid, urine, or feces, by |
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| throwing, tossing, or expelling that fluid
or material commits |
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| aggravated battery. For purposes of this subsection (d-5),
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| "correctional employee" means a person who is employed by a |
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| penal institution.
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| (e) Sentence.
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| (1) Except as otherwise provided in paragraphs (2), |
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| (3), and (4) aggravated battery is a Class 3 felony. |
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| (2) Aggravated battery that does not cause great bodily |
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| harm or permanent disability or disfigurement is a Class 2 |
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| felony when the person knows
the individual harmed to be a |
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| peace officer, a community
policing volunteer, a private |
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| security officer, a correctional institution employee, an
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LRB096 04553 RLC 14608 b |
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| employee of the Department of Human Services supervising or
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| controlling sexually dangerous persons or sexually violent
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| persons, or a fireman while such officer, volunteer, |
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| employee,
or fireman is engaged in the execution of any |
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| official duties
including arrest or attempted arrest, or to |
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| prevent the
officer, volunteer, employee, or fireman from |
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| performing
official duties, or in retaliation for the |
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| officer, volunteer,
employee, or fireman performing |
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| official duties, and the
battery is committed other than by |
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| the discharge of a firearm.
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| (3) Aggravated battery that causes great bodily harm or |
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| permanent disability or disfigurement in
violation of |
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| subsection (a)
is a Class 1 felony when the person knows |
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| the individual harmed to be a peace
officer, a community
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| policing volunteer, a private security officer, a |
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| correctional institution employee, an employee
of the |
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| Department of Human Services supervising or controlling |
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| sexually
dangerous persons or sexually violent persons, or |
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| a fireman while
such officer, volunteer, employee, or |
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| fireman is engaged in the execution of
any official duties |
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| including arrest or attempted arrest, or to prevent the
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| officer, volunteer, employee, or fireman from performing |
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| official duties, or in
retaliation for the officer, |
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| volunteer, employee, or fireman performing official
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| duties, and the battery is committed other than by the |
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| discharge of a firearm .
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LRB096 04553 RLC 14608 b |
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| (4) Aggravated battery under subsection (d-5) is a |
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| Class 2 felony. |
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| (Source: P.A. 94-243, eff. 1-1-06; 94-327, eff. 1-1-06; 94-333, |
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| eff. 7-26-05; 94-363, eff. 7-29-05; 94-482, eff. 1-1-06; |
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| 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331, eff. 8-21-07; |
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| 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876, eff. |
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| 8-21-08.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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