101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2289

 

Introduced 10/28/2019, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-2  from Ch. 38, par. 12-2
720 ILCS 5/12-3.05  was 720 ILCS 5/12-4

    Amends the Criminal Code of 2012. Provides that aggravated assault includes an assault committed against a contractor (rather than just a subcontractor) of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons. Provides that aggravated battery includes committing various kinds of battery against an officer or employee of a contractor or subcontractor of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons.


LRB101 14762 RLC 64084 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2289LRB101 14762 RLC 64084 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 12-2 and 12-3.05 as follows:
 
6    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
7    Sec. 12-2. Aggravated assault.
8    (a) Offense based on location of conduct. A person commits
9aggravated assault when he or she commits an assault against an
10individual who is on or about a public way, public property, a
11public place of accommodation or amusement, or a sports venue,
12or in a church, synagogue, mosque, or other building,
13structure, or place used for religious worship.
14    (b) Offense based on status of victim. A person commits
15aggravated assault when, in committing an assault, he or she
16knows the individual assaulted to be any of the following:
17        (1) A person with a physical disability or a person 60
18    years of age or older and the assault is without legal
19    justification.
20        (2) A teacher or school employee upon school grounds or
21    grounds adjacent to a school or in any part of a building
22    used for school purposes.
23        (3) A park district employee upon park grounds or

 

 

SB2289- 2 -LRB101 14762 RLC 64084 b

1    grounds adjacent to a park or in any part of a building
2    used for park purposes.
3        (4) A community policing volunteer, private security
4    officer, or utility worker:
5            (i) performing his or her official duties;
6            (ii) assaulted to prevent performance of his or her
7        official duties; or
8            (iii) assaulted in retaliation for performing his
9        or her official duties.
10        (4.1) A peace officer, fireman, emergency management
11    worker, or emergency medical services personnel:
12            (i) performing his or her official duties;
13            (ii) assaulted to prevent performance of his or her
14        official duties; or
15            (iii) assaulted in retaliation for performing his
16        or her official duties.
17        (5) A correctional officer or probation officer:
18            (i) performing his or her official duties;
19            (ii) assaulted to prevent performance of his or her
20        official duties; or
21            (iii) assaulted in retaliation for performing his
22        or her official duties.
23        (6) A correctional institution employee, a county
24    juvenile detention center employee who provides direct and
25    continuous supervision of residents of a juvenile
26    detention center, including a county juvenile detention

 

 

SB2289- 3 -LRB101 14762 RLC 64084 b

1    center employee who supervises recreational activity for
2    residents of a juvenile detention center, or a Department
3    of Human Services employee or an , Department of Human
4    Services officer, or employee of a contractor or
5    subcontractor of the Department of Human Services
6    supervising or controlling sexually dangerous persons or
7    sexually violent persons:
8            (i) performing his or her official duties;
9            (ii) assaulted to prevent performance of his or her
10        official duties; or
11            (iii) assaulted in retaliation for performing his
12        or her official duties.
13        (7) An employee of the State of Illinois, a municipal
14    corporation therein, or a political subdivision thereof,
15    performing his or her official duties.
16        (8) A transit employee performing his or her official
17    duties, or a transit passenger.
18        (9) A sports official or coach actively participating
19    in any level of athletic competition within a sports venue,
20    on an indoor playing field or outdoor playing field, or
21    within the immediate vicinity of such a facility or field.
22        (10) A person authorized to serve process under Section
23    2-202 of the Code of Civil Procedure or a special process
24    server appointed by the circuit court, while that
25    individual is in the performance of his or her duties as a
26    process server.

 

 

SB2289- 4 -LRB101 14762 RLC 64084 b

1    (c) Offense based on use of firearm, device, or motor
2vehicle. A person commits aggravated assault when, in
3committing an assault, he or she does any of the following:
4        (1) Uses a deadly weapon, an air rifle as defined in
5    Section 24.8-0.1 of this Act, or any device manufactured
6    and designed to be substantially similar in appearance to a
7    firearm, other than by discharging a firearm.
8        (2) Discharges a firearm, other than from a motor
9    vehicle.
10        (3) Discharges a firearm from a motor vehicle.
11        (4) Wears a hood, robe, or mask to conceal his or her
12    identity.
13        (5) Knowingly and without lawful justification shines
14    or flashes a laser gun sight or other laser device attached
15    to a firearm, or used in concert with a firearm, so that
16    the laser beam strikes near or in the immediate vicinity of
17    any person.
18        (6) Uses a firearm, other than by discharging the
19    firearm, against a peace officer, community policing
20    volunteer, fireman, private security officer, emergency
21    management worker, emergency medical services personnel,
22    employee of a police department, employee of a sheriff's
23    department, or traffic control municipal employee:
24            (i) performing his or her official duties;
25            (ii) assaulted to prevent performance of his or her
26        official duties; or

 

 

SB2289- 5 -LRB101 14762 RLC 64084 b

1            (iii) assaulted in retaliation for performing his
2        or her official duties.
3        (7) Without justification operates a motor vehicle in a
4    manner which places a person, other than a person listed in
5    subdivision (b)(4), in reasonable apprehension of being
6    struck by the moving motor vehicle.
7        (8) Without justification operates a motor vehicle in a
8    manner which places a person listed in subdivision (b)(4),
9    in reasonable apprehension of being struck by the moving
10    motor vehicle.
11        (9) Knowingly video or audio records the offense with
12    the intent to disseminate the recording.
13    (d) Sentence. Aggravated assault as defined in subdivision
14(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
15(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
16aggravated assault as defined in subdivision (b)(4) and (b)(7)
17is a Class 4 felony if a Category I, Category II, or Category
18III weapon is used in the commission of the assault. Aggravated
19assault as defined in subdivision (b)(4.1), (b)(5), (b)(6),
20(b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
21Aggravated assault as defined in subdivision (c)(3) or (c)(8)
22is a Class 3 felony.
23    (e) For the purposes of this Section, "Category I weapon",
24"Category II weapon", and "Category III weapon" have the
25meanings ascribed to those terms in Section 33A-1 of this Code.
26(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
 

 

 

SB2289- 6 -LRB101 14762 RLC 64084 b

1    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
2    Sec. 12-3.05. Aggravated battery.
3    (a) Offense based on injury. A person commits aggravated
4battery when, in committing a battery, other than by the
5discharge of a firearm, he or she knowingly does any of the
6following:
7        (1) Causes great bodily harm or permanent disability or
8    disfigurement.
9        (2) Causes severe and permanent disability, great
10    bodily harm, or disfigurement by means of a caustic or
11    flammable substance, a poisonous gas, a deadly biological
12    or chemical contaminant or agent, a radioactive substance,
13    or a bomb or explosive compound.
14        (3) Causes great bodily harm or permanent disability or
15    disfigurement to an individual whom the person knows to be
16    a peace officer, community policing volunteer, fireman,
17    private security officer, correctional institution
18    employee, or Department of Human Services employee or an
19    officer or employee of a contractor or subcontractor of the
20    Department of Human Services supervising or controlling
21    sexually dangerous persons or sexually violent persons:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his

 

 

SB2289- 7 -LRB101 14762 RLC 64084 b

1        or her official duties.
2        (4) Causes great bodily harm or permanent disability or
3    disfigurement to an individual 60 years of age or older.
4        (5) Strangles another individual.
5    (b) Offense based on injury to a child or person with an
6intellectual disability. A person who is at least 18 years of
7age commits aggravated battery when, in committing a battery,
8he or she knowingly and without legal justification by any
9means:
10        (1) causes great bodily harm or permanent disability or
11    disfigurement to any child under the age of 13 years, or to
12    any person with a severe or profound intellectual
13    disability; or
14        (2) causes bodily harm or disability or disfigurement
15    to any child under the age of 13 years or to any person
16    with a severe or profound intellectual disability.
17    (c) Offense based on location of conduct. A person commits
18aggravated battery when, in committing a battery, other than by
19the discharge of a firearm, he or she is or the person battered
20is on or about a public way, public property, a public place of
21accommodation or amusement, a sports venue, or a domestic
22violence shelter, or in a church, synagogue, mosque, or other
23building, structure, or place used for religious worship.
24    (d) Offense based on status of victim. A person commits
25aggravated battery when, in committing a battery, other than by
26discharge of a firearm, he or she knows the individual battered

 

 

SB2289- 8 -LRB101 14762 RLC 64084 b

1to be any of the following:
2        (1) A person 60 years of age or older.
3        (2) A person who is pregnant or has a physical
4    disability.
5        (3) A teacher or school employee upon school grounds or
6    grounds adjacent to a school or in any part of a building
7    used for school purposes.
8        (4) A peace officer, community policing volunteer,
9    fireman, private security officer, correctional
10    institution employee, or Department of Human Services
11    employee or an officer or employee of a contractor or
12    subcontractor of the Department of Human Services
13    supervising or controlling sexually dangerous persons or
14    sexually violent persons:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (5) A judge, emergency management worker, emergency
21    medical services personnel, or utility worker:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his
26        or her official duties.

 

 

SB2289- 9 -LRB101 14762 RLC 64084 b

1        (6) An officer or employee of the State of Illinois, a
2    unit of local government, or a school district, while
3    performing his or her official duties.
4        (7) A transit employee performing his or her official
5    duties, or a transit passenger.
6        (8) A taxi driver on duty.
7        (9) A merchant who detains the person for an alleged
8    commission of retail theft under Section 16-26 of this Code
9    and the person without legal justification by any means
10    causes bodily harm to the merchant.
11        (10) A person authorized to serve process under Section
12    2-202 of the Code of Civil Procedure or a special process
13    server appointed by the circuit court while that individual
14    is in the performance of his or her duties as a process
15    server.
16        (11) A nurse while in the performance of his or her
17    duties as a nurse.
18    (e) Offense based on use of a firearm. A person commits
19aggravated battery when, in committing a battery, he or she
20knowingly does any of the following:
21        (1) Discharges a firearm, other than a machine gun or a
22    firearm equipped with a silencer, and causes any injury to
23    another person.
24        (2) Discharges a firearm, other than a machine gun or a
25    firearm equipped with a silencer, and causes any injury to
26    a person he or she knows to be a peace officer, community

 

 

SB2289- 10 -LRB101 14762 RLC 64084 b

1    policing volunteer, person summoned by a police officer,
2    fireman, private security officer, correctional
3    institution employee, or emergency management worker:
4            (i) performing his or her official duties;
5            (ii) battered to prevent performance of his or her
6        official duties; or
7            (iii) battered in retaliation for performing his
8        or her official duties.
9        (3) Discharges a firearm, other than a machine gun or a
10    firearm equipped with a silencer, and causes any injury to
11    a person he or she knows to be emergency medical services
12    personnel:
13            (i) performing his or her official duties;
14            (ii) battered to prevent performance of his or her
15        official duties; or
16            (iii) battered in retaliation for performing his
17        or her official duties.
18        (4) Discharges a firearm and causes any injury to a
19    person he or she knows to be a teacher, a student in a
20    school, or a school employee, and the teacher, student, or
21    employee is upon school grounds or grounds adjacent to a
22    school or in any part of a building used for school
23    purposes.
24        (5) Discharges a machine gun or a firearm equipped with
25    a silencer, and causes any injury to another person.
26        (6) Discharges a machine gun or a firearm equipped with

 

 

SB2289- 11 -LRB101 14762 RLC 64084 b

1    a silencer, and causes any injury to a person he or she
2    knows to be a peace officer, community policing volunteer,
3    person summoned by a police officer, fireman, private
4    security officer, correctional institution employee or
5    emergency management worker:
6            (i) performing his or her official duties;
7            (ii) battered to prevent performance of his or her
8        official duties; or
9            (iii) battered in retaliation for performing his
10        or her official duties.
11        (7) Discharges a machine gun or a firearm equipped with
12    a silencer, and causes any injury to a person he or she
13    knows to be emergency medical services personnel:
14            (i) performing his or her official duties;
15            (ii) battered to prevent performance of his or her
16        official duties; or
17            (iii) battered in retaliation for performing his
18        or her official duties.
19        (8) Discharges a machine gun or a firearm equipped with
20    a silencer, and causes any injury to a person he or she
21    knows to be a teacher, or a student in a school, or a
22    school employee, and the teacher, student, or employee is
23    upon school grounds or grounds adjacent to a school or in
24    any part of a building used for school purposes.
25    (f) Offense based on use of a weapon or device. A person
26commits aggravated battery when, in committing a battery, he or

 

 

SB2289- 12 -LRB101 14762 RLC 64084 b

1she does any of the following:
2        (1) Uses a deadly weapon other than by discharge of a
3    firearm, or uses an air rifle as defined in Section
4    24.8-0.1 of this Code.
5        (2) Wears a hood, robe, or mask to conceal his or her
6    identity.
7        (3) Knowingly and without lawful justification shines
8    or flashes a laser gunsight or other laser device attached
9    to a firearm, or used in concert with a firearm, so that
10    the laser beam strikes upon or against the person of
11    another.
12        (4) Knowingly video or audio records the offense with
13    the intent to disseminate the recording.
14    (g) Offense based on certain conduct. A person commits
15aggravated battery when, other than by discharge of a firearm,
16he or she does any of the following:
17        (1) Violates Section 401 of the Illinois Controlled
18    Substances Act by unlawfully delivering a controlled
19    substance to another and any user experiences great bodily
20    harm or permanent disability as a result of the injection,
21    inhalation, or ingestion of any amount of the controlled
22    substance.
23        (2) Knowingly administers to an individual or causes
24    him or her to take, without his or her consent or by threat
25    or deception, and for other than medical purposes, any
26    intoxicating, poisonous, stupefying, narcotic, anesthetic,

 

 

SB2289- 13 -LRB101 14762 RLC 64084 b

1    or controlled substance, or gives to another person any
2    food containing any substance or object intended to cause
3    physical injury if eaten.
4        (3) Knowingly causes or attempts to cause a
5    correctional institution employee or Department of Human
6    Services employee or an officer or employee of a contractor
7    or subcontractor of the Department of Human Services
8    supervising or controlling sexually dangerous persons or
9    sexually violent persons to come into contact with blood,
10    seminal fluid, urine, or feces by throwing, tossing, or
11    expelling the fluid or material, and the person is an
12    inmate of a penal institution or is a sexually dangerous
13    person or sexually violent person in the custody of the
14    Department of Human Services.
15    (h) Sentence. Unless otherwise provided, aggravated
16battery is a Class 3 felony.
17    Aggravated battery as defined in subdivision (a)(4),
18(d)(4), or (g)(3) is a Class 2 felony.
19    Aggravated battery as defined in subdivision (a)(3) or
20(g)(1) is a Class 1 felony.
21    Aggravated battery as defined in subdivision (a)(1) is a
22Class 1 felony when the aggravated battery was intentional and
23involved the infliction of torture, as defined in paragraph
24(14) of subsection (b) of Section 9-1 of this Code, as the
25infliction of or subjection to extreme physical pain, motivated
26by an intent to increase or prolong the pain, suffering, or

 

 

SB2289- 14 -LRB101 14762 RLC 64084 b

1agony of the victim.
2    Aggravated battery as defined in subdivision (a)(1) is a
3Class 2 felony when the person causes great bodily harm or
4permanent disability to an individual whom the person knows to
5be a member of a congregation engaged in prayer or other
6religious activities at a church, synagogue, mosque, or other
7building, structure, or place used for religious worship.
8    Aggravated battery under subdivision (a)(5) is a Class 1
9felony if:
10        (A) the person used or attempted to use a dangerous
11    instrument while committing the offense; or
12        (B) the person caused great bodily harm or permanent
13    disability or disfigurement to the other person while
14    committing the offense; or
15        (C) the person has been previously convicted of a
16    violation of subdivision (a)(5) under the laws of this
17    State or laws similar to subdivision (a)(5) of any other
18    state.
19    Aggravated battery as defined in subdivision (e)(1) is a
20Class X felony.
21    Aggravated battery as defined in subdivision (a)(2) is a
22Class X felony for which a person shall be sentenced to a term
23of imprisonment of a minimum of 6 years and a maximum of 45
24years.
25    Aggravated battery as defined in subdivision (e)(5) is a
26Class X felony for which a person shall be sentenced to a term

 

 

SB2289- 15 -LRB101 14762 RLC 64084 b

1of imprisonment of a minimum of 12 years and a maximum of 45
2years.
3    Aggravated battery as defined in subdivision (e)(2),
4(e)(3), or (e)(4) is a Class X felony for which a person shall
5be sentenced to a term of imprisonment of a minimum of 15 years
6and a maximum of 60 years.
7    Aggravated battery as defined in subdivision (e)(6),
8(e)(7), or (e)(8) is a Class X felony for which a person shall
9be sentenced to a term of imprisonment of a minimum of 20 years
10and a maximum of 60 years.
11    Aggravated battery as defined in subdivision (b)(1) is a
12Class X felony, except that:
13        (1) if the person committed the offense while armed
14    with a firearm, 15 years shall be added to the term of
15    imprisonment imposed by the court;
16        (2) if, during the commission of the offense, the
17    person personally discharged a firearm, 20 years shall be
18    added to the term of imprisonment imposed by the court;
19        (3) if, during the commission of the offense, the
20    person personally discharged a firearm that proximately
21    caused great bodily harm, permanent disability, permanent
22    disfigurement, or death to another person, 25 years or up
23    to a term of natural life shall be added to the term of
24    imprisonment imposed by the court.
25    (i) Definitions. In this Section:
26    "Building or other structure used to provide shelter" has

 

 

SB2289- 16 -LRB101 14762 RLC 64084 b

1the meaning ascribed to "shelter" in Section 1 of the Domestic
2Violence Shelters Act.
3    "Domestic violence" has the meaning ascribed to it in
4Section 103 of the Illinois Domestic Violence Act of 1986.
5    "Domestic violence shelter" means any building or other
6structure used to provide shelter or other services to victims
7or to the dependent children of victims of domestic violence
8pursuant to the Illinois Domestic Violence Act of 1986 or the
9Domestic Violence Shelters Act, or any place within 500 feet of
10such a building or other structure in the case of a person who
11is going to or from such a building or other structure.
12    "Firearm" has the meaning provided under Section 1.1 of the
13Firearm Owners Identification Card Act, and does not include an
14air rifle as defined by Section 24.8-0.1 of this Code.
15    "Machine gun" has the meaning ascribed to it in Section
1624-1 of this Code.
17    "Merchant" has the meaning ascribed to it in Section 16-0.1
18of this Code.
19    "Strangle" means intentionally impeding the normal
20breathing or circulation of the blood of an individual by
21applying pressure on the throat or neck of that individual or
22by blocking the nose or mouth of that individual.
23(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)