[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
91_HB0734sam001
LRB9102575RCksam
1 AMENDMENT TO HOUSE BILL 734
2 AMENDMENT NO. . Amend House Bill 734 by replacing
3 the title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Section 12-4."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Section 12-4 as follows:
10 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
11 Sec. 12-4. Aggravated Battery.
12 (a) A person who, in committing a battery, intentionally
13 or knowingly causes great bodily harm, or permanent
14 disability or disfigurement commits aggravated battery.
15 (b) In committing a battery, a person commits aggravated
16 battery if he or she:
17 (1) Uses a deadly weapon other than by the
18 discharge of a firearm;
19 (2) Is hooded, robed or masked, in such manner as
20 to conceal his identity;
21 (3) Knows the individual harmed to be a teacher or
-2- LRB9102575RCksam
1 other person employed in any school and such teacher or
2 other employee is upon the grounds of a school or grounds
3 adjacent thereto, or is in any part of a building used
4 for school purposes;
5 (4) Knows the individual harmed to be a supervisor,
6 director, instructor or other person employed in any park
7 district and such supervisor, director, instructor or
8 other employee is upon the grounds of the park or grounds
9 adjacent thereto, or is in any part of a building used
10 for park purposes;
11 (5) Knows the individual harmed to be a caseworker,
12 investigator, or other person employed by the State
13 Department of Public Aid, a County Department of Public
14 Aid, or the Department of Human Services (acting as
15 successor to the Illinois Department of Public Aid under
16 the Department of Human Services Act) and such
17 caseworker, investigator, or other person is upon the
18 grounds of a public aid office or grounds adjacent
19 thereto, or is in any part of a building used for public
20 aid purposes, or upon the grounds of a home of a public
21 aid applicant, recipient, or any other person being
22 interviewed or investigated in the employee's discharge
23 of his duties, or on grounds adjacent thereto, or is in
24 any part of a building in which the applicant, recipient,
25 or other such person resides or is located;
26 (6) Knows the individual harmed to be a peace
27 officer, a community policing volunteer, a correctional
28 institution employee, or a fireman while such officer,
29 volunteer, employee or fireman is engaged in the
30 execution of any official duties including arrest or
31 attempted arrest, or to prevent the officer, volunteer,
32 employee or fireman from performing official duties, or
33 in retaliation for the officer, volunteer, employee or
34 fireman performing official duties, and the battery is
-3- LRB9102575RCksam
1 committed other than by the discharge of a firearm;
2 (7) Knows the individual harmed to be an emergency
3 medical technician - ambulance, emergency medical
4 technician - intermediate, emergency medical technician -
5 paramedic, ambulance driver or other medical assistance
6 or first aid personnel engaged in the performance of any
7 of his or her official duties, or to prevent the
8 emergency medical technician - ambulance, emergency
9 medical technician - intermediate, emergency medical
10 technician - paramedic, ambulance driver, or other
11 medical assistance or first aid personnel from performing
12 official duties, or in retaliation for performing
13 official duties;
14 (8) Is, or the person battered is, on or about a
15 public way, public property or public place of
16 accommodation or amusement;
17 (9) Knows the individual harmed to be the driver,
18 operator, employee or passenger of any transportation
19 facility or system engaged in the business of
20 transportation of the public for hire and the individual
21 assaulted is then performing in such capacity or then
22 using such public transportation as a passenger or using
23 any area of any description designated by the
24 transportation facility or system as a vehicle boarding,
25 departure, or transfer location;
26 (10) Knowingly and without legal justification and
27 by any means causes bodily harm to an individual of 60
28 years of age or older;
29 (11) Knows the individual harmed is pregnant;
30 (12) Knows the individual harmed to be a judge whom
31 the person intended to harm as a result of the judge's
32 performance of his or her official duties as a judge;
33 (13) Knows the individual harmed to be an employee
34 of the Illinois Department of Children and Family
-4- LRB9102575RCksam
1 Services engaged in the performance of his authorized
2 duties as such employee;
3 (14) Knows the individual harmed to be a person who
4 is physically handicapped; or
5 (15) Knowingly and without legal justification and
6 by any means causes bodily harm to a merchant who detains
7 the person for an alleged commission of retail theft
8 under Section 16A-5 of this Code. In this item (15),
9 "merchant" has the meaning ascribed to it in Section
10 16A-2.4 of this Code.
11 For the purpose of paragraph (14) of subsection (b) of
12 this Section, a physically handicapped person is a person who
13 suffers from a permanent and disabling physical
14 characteristic, resulting from disease, injury, functional
15 disorder or congenital condition.
16 (c) A person who administers to an individual or causes
17 him to take, without his consent or by threat or deception,
18 and for other than medical purposes, any intoxicating,
19 poisonous, stupefying, narcotic, anesthetic, or controlled
20 substance commits aggravated battery.
21 (d) A person who knowingly gives to another person any
22 food that contains any substance or object that is intended
23 to cause physical injury if eaten, commits aggravated
24 battery.
25 (d-5) An inmate of a penal institution who causes or
26 attempts to cause a correctional employee of the penal
27 institution to come into contact with blood, seminal fluid,
28 urine, or feces, by throwing, tossing, or expelling that
29 fluid or material commits aggravated battery. For purposes
30 of this subsection (d-5), "correctional employee" means a
31 person who is employed by a penal institution.
32 (e) Sentence.
33 Aggravated battery is a Class 3 felony.
34 (Source: P.A. 89-507, eff. 7-1-97; 90-115, eff. 1-1-98;
-5- LRB9102575RCksam
1 90-651, eff. 1-1-99; 90-735, eff. 8-11-98; revised
2 9-16-98.)".