101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2526

 

Introduced 1/28/2020, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-0.1
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. Defines "servicemember" and "veteran". Provides that a person commits aggravated assault or aggravated battery when he or she commits an assault or a battery against a servicemember or veteran. Provides that an aggravated assault committed against a servicemember or veteran is a Class A misdemeanor. Provides that an aggravated battery committed against a servicemember or veteran is a Class 3 felony.


LRB101 18149 RLC 67590 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2526LRB101 18149 RLC 67590 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 12-0.1, 12-2, and 12-3.05 as follows:
 
6    (720 ILCS 5/12-0.1)
7    Sec. 12-0.1. Definitions. In this Article, unless the
8context clearly requires otherwise:
9    "Bona fide labor dispute" means any controversy concerning
10wages, salaries, hours, working conditions, or benefits,
11including health and welfare, sick leave, insurance, and
12pension or retirement provisions, the making or maintaining of
13collective bargaining agreements, and the terms to be included
14in those agreements.
15    "Coach" means a person recognized as a coach by the
16sanctioning authority that conducts an athletic contest.
17    "Correctional institution employee" means a person
18employed by a penal institution.
19    "Emergency medical services personnel" has the meaning
20specified in Section 3.5 of the Emergency Medical Services
21(EMS) Systems Act and shall include all ambulance crew members,
22including drivers or pilots.
23    "Family or household members" include spouses, former

 

 

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1spouses, parents, children, stepchildren, and other persons
2related by blood or by present or prior marriage, persons who
3share or formerly shared a common dwelling, persons who have or
4allegedly have a child in common, persons who share or
5allegedly share a blood relationship through a child, persons
6who have or have had a dating or engagement relationship,
7persons with disabilities and their personal assistants, and
8caregivers as defined in Section 12-4.4a of this Code. For
9purposes of this Article, neither a casual acquaintanceship nor
10ordinary fraternization between 2 individuals in business or
11social contexts shall be deemed to constitute a dating
12relationship.
13    "In the presence of a child" means in the physical presence
14of a child or knowing or having reason to know that a child is
15present and may see or hear an act constituting an offense.
16    "Park district employee" means a supervisor, director,
17instructor, or other person employed by a park district.
18    "Person with a physical disability" means a person who
19suffers from a permanent and disabling physical
20characteristic, resulting from disease, injury, functional
21disorder, or congenital condition.
22    "Private security officer" means a registered employee of a
23private security contractor agency under the Private
24Detective, Private Alarm, Private Security, Fingerprint
25Vendor, and Locksmith Act of 2004.
26    "Probation officer" means a person as defined in the

 

 

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1Probation and Probation Officers Act.
2    "Servicemember" means a person who is currently serving in
3the Army, Air Force, Marines, Navy, or Coast Guard on active
4duty, reserve status, or in the National Guard.
5    "Sports official" means a person at an athletic contest who
6enforces the rules of the contest, such as an umpire or
7referee.
8    "Sports venue" means a publicly or privately owned sports
9or entertainment arena, stadium, community or convention hall,
10special event center, or amusement facility, or a special event
11center in a public park, during the 12 hours before or after
12the sanctioned sporting event.
13    "Streetgang", "streetgang member", and "criminal street
14gang" have the meanings ascribed to those terms in Section 10
15of the Illinois Streetgang Terrorism Omnibus Prevention Act.
16    "Transit employee" means a driver, operator, or employee of
17any transportation facility or system engaged in the business
18of transporting the public for hire.
19    "Transit passenger" means a passenger of any
20transportation facility or system engaged in the business of
21transporting the public for hire, including a passenger using
22any area designated by a transportation facility or system as a
23vehicle boarding, departure, or transfer location.
24    "Utility worker" means any of the following:
25        (1) A person employed by a public utility as defined in
26    Section 3-105 of the Public Utilities Act.

 

 

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1        (2) An employee of a municipally owned utility.
2        (3) An employee of a cable television company.
3        (4) An employee of an electric cooperative as defined
4    in Section 3-119 of the Public Utilities Act.
5        (5) An independent contractor or an employee of an
6    independent contractor working on behalf of a cable
7    television company, public utility, municipally owned
8    utility, or electric cooperative.
9        (6) An employee of a telecommunications carrier as
10    defined in Section 13-202 of the Public Utilities Act, or
11    an independent contractor or an employee of an independent
12    contractor working on behalf of a telecommunications
13    carrier.
14        (7) An employee of a telephone or telecommunications
15    cooperative as defined in Section 13-212 of the Public
16    Utilities Act, or an independent contractor or an employee
17    of an independent contractor working on behalf of a
18    telephone or telecommunications cooperative.
19    "Veteran" means a former servicemember who was discharged
20or released from service under conditions other than
21dishonorable.
22(Source: P.A. 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)
 
23    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
24    Sec. 12-2. Aggravated assault.
25    (a) Offense based on location of conduct. A person commits

 

 

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1aggravated assault when he or she commits an assault against an
2individual who is on or about a public way, public property, a
3public place of accommodation or amusement, or a sports venue,
4or in a church, synagogue, mosque, or other building,
5structure, or place used for religious worship.
6    (b) Offense based on status of victim. A person commits
7aggravated assault when, in committing an assault, he or she
8knows the individual assaulted to be any of the following:
9        (1) A person with a physical disability or a person 60
10    years of age or older and the assault is without legal
11    justification.
12        (1.5) A servicemember or veteran and the assault is
13    without legal justification.
14        (2) A teacher or school employee upon school grounds or
15    grounds adjacent to a school or in any part of a building
16    used for school purposes.
17        (3) A park district employee upon park grounds or
18    grounds adjacent to a park or in any part of a building
19    used for park purposes.
20        (4) A community policing volunteer, private security
21    officer, or utility worker:
22            (i) performing his or her official duties;
23            (ii) assaulted to prevent performance of his or her
24        official duties; or
25            (iii) assaulted in retaliation for performing his
26        or her official duties.

 

 

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1        (4.1) A peace officer, fireman, emergency management
2    worker, or emergency medical services personnel:
3            (i) performing his or her official duties;
4            (ii) assaulted to prevent performance of his or her
5        official duties; or
6            (iii) assaulted in retaliation for performing his
7        or her official duties.
8        (5) A correctional officer or probation officer:
9            (i) performing his or her official duties;
10            (ii) assaulted to prevent performance of his or her
11        official duties; or
12            (iii) assaulted in retaliation for performing his
13        or her official duties.
14        (6) A correctional institution employee, a county
15    juvenile detention center employee who provides direct and
16    continuous supervision of residents of a juvenile
17    detention center, including a county juvenile detention
18    center employee who supervises recreational activity for
19    residents of a juvenile detention center, or a Department
20    of Human Services employee, Department of Human Services
21    officer, or employee of a subcontractor of the Department
22    of Human Services supervising or controlling sexually
23    dangerous persons or sexually violent persons:
24            (i) performing his or her official duties;
25            (ii) assaulted to prevent performance of his or her
26        official duties; or

 

 

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1            (iii) assaulted in retaliation for performing his
2        or her official duties.
3        (7) An employee of the State of Illinois, a municipal
4    corporation therein, or a political subdivision thereof,
5    performing his or her official duties.
6        (8) A transit employee performing his or her official
7    duties, or a transit passenger.
8        (9) A sports official or coach actively participating
9    in any level of athletic competition within a sports venue,
10    on an indoor playing field or outdoor playing field, or
11    within the immediate vicinity of such a facility or field.
12        (10) A person authorized to serve process under Section
13    2-202 of the Code of Civil Procedure or a special process
14    server appointed by the circuit court, while that
15    individual is in the performance of his or her duties as a
16    process server.
17    (c) Offense based on use of firearm, device, or motor
18vehicle. A person commits aggravated assault when, in
19committing an assault, he or she does any of the following:
20        (1) Uses a deadly weapon, an air rifle as defined in
21    Section 24.8-0.1 of this Act, or any device manufactured
22    and designed to be substantially similar in appearance to a
23    firearm, other than by discharging a firearm.
24        (2) Discharges a firearm, other than from a motor
25    vehicle.
26        (3) Discharges a firearm from a motor vehicle.

 

 

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1        (4) Wears a hood, robe, or mask to conceal his or her
2    identity.
3        (5) Knowingly and without lawful justification shines
4    or flashes a laser gun sight or other laser device attached
5    to a firearm, or used in concert with a firearm, so that
6    the laser beam strikes near or in the immediate vicinity of
7    any person.
8        (6) Uses a firearm, other than by discharging the
9    firearm, against a peace officer, community policing
10    volunteer, fireman, private security officer, emergency
11    management worker, emergency medical services personnel,
12    employee of a police department, employee of a sheriff's
13    department, or traffic control municipal employee:
14            (i) performing his or her official duties;
15            (ii) assaulted to prevent performance of his or her
16        official duties; or
17            (iii) assaulted in retaliation for performing his
18        or her official duties.
19        (7) Without justification operates a motor vehicle in a
20    manner which places a person, other than a person listed in
21    subdivision (b)(4), in reasonable apprehension of being
22    struck by the moving motor vehicle.
23        (8) Without justification operates a motor vehicle in a
24    manner which places a person listed in subdivision (b)(4),
25    in reasonable apprehension of being struck by the moving
26    motor vehicle.

 

 

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1        (9) Knowingly video or audio records the offense with
2    the intent to disseminate the recording.
3    (d) Sentence. Aggravated assault as defined in subdivision
4(a), (b)(1), (b)(1.5), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8),
5(b)(9), (c)(1), (c)(4), or (c)(9) is a Class A misdemeanor,
6except that aggravated assault as defined in subdivision (b)(4)
7and (b)(7) is a Class 4 felony if a Category I, Category II, or
8Category III weapon is used in the commission of the assault.
9Aggravated assault as defined in subdivision (b)(4.1), (b)(5),
10(b)(6), (b)(10), (c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4
11felony. Aggravated assault as defined in subdivision (c)(3) or
12(c)(8) is a Class 3 felony.
13    (e) For the purposes of this Section, "Category I weapon",
14"Category II weapon", and "Category III weapon" have the
15meanings ascribed to those terms in Section 33A-1 of this Code.
16(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)
 
17    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
18    Sec. 12-3.05. Aggravated battery.
19    (a) Offense based on injury. A person commits aggravated
20battery when, in committing a battery, other than by the
21discharge of a firearm, he or she knowingly does any of the
22following:
23        (1) Causes great bodily harm or permanent disability or
24    disfigurement.
25        (2) Causes severe and permanent disability, great

 

 

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1    bodily harm, or disfigurement by means of a caustic or
2    flammable substance, a poisonous gas, a deadly biological
3    or chemical contaminant or agent, a radioactive substance,
4    or a bomb or explosive compound.
5        (3) Causes great bodily harm or permanent disability or
6    disfigurement to an individual whom the person knows to be
7    a peace officer, community policing volunteer, fireman,
8    private security officer, correctional institution
9    employee, or Department of Human Services employee
10    supervising or controlling sexually dangerous persons or
11    sexually violent persons:
12            (i) performing his or her official duties;
13            (ii) battered to prevent performance of his or her
14        official duties; or
15            (iii) battered in retaliation for performing his
16        or her official duties.
17        (4) Causes great bodily harm or permanent disability or
18    disfigurement to an individual 60 years of age or older.
19        (5) Strangles another individual.
20    (b) Offense based on injury to a child or person with an
21intellectual disability. A person who is at least 18 years of
22age commits aggravated battery when, in committing a battery,
23he or she knowingly and without legal justification by any
24means:
25        (1) causes great bodily harm or permanent disability or
26    disfigurement to any child under the age of 13 years, or to

 

 

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1    any person with a severe or profound intellectual
2    disability; or
3        (1.5) A servicemember or veteran.
4        (2) causes bodily harm or disability or disfigurement
5    to any child under the age of 13 years or to any person
6    with a severe or profound intellectual disability.
7    (c) Offense based on location of conduct. A person commits
8aggravated battery when, in committing a battery, other than by
9the discharge of a firearm, he or she is or the person battered
10is on or about a public way, public property, a public place of
11accommodation or amusement, a sports venue, or a domestic
12violence shelter, or in a church, synagogue, mosque, or other
13building, structure, or place used for religious worship.
14    (d) Offense based on status of victim. A person commits
15aggravated battery when, in committing a battery, other than by
16discharge of a firearm, he or she knows the individual battered
17to be any of the following:
18        (1) A person 60 years of age or older.
19        (2) A person who is pregnant or has a physical
20    disability.
21        (3) A teacher or school employee upon school grounds or
22    grounds adjacent to a school or in any part of a building
23    used for school purposes.
24        (4) A peace officer, community policing volunteer,
25    fireman, private security officer, correctional
26    institution employee, or Department of Human Services

 

 

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1    employee supervising or controlling sexually dangerous
2    persons or sexually violent persons:
3            (i) performing his or her official duties;
4            (ii) battered to prevent performance of his or her
5        official duties; or
6            (iii) battered in retaliation for performing his
7        or her official duties.
8        (5) A judge, emergency management worker, emergency
9    medical services personnel, or utility worker:
10            (i) performing his or her official duties;
11            (ii) battered to prevent performance of his or her
12        official duties; or
13            (iii) battered in retaliation for performing his
14        or her official duties.
15        (6) An officer or employee of the State of Illinois, a
16    unit of local government, or a school district, while
17    performing his or her official duties.
18        (7) A transit employee performing his or her official
19    duties, or a transit passenger.
20        (8) A taxi driver on duty.
21        (9) A merchant who detains the person for an alleged
22    commission of retail theft under Section 16-26 of this Code
23    and the person without legal justification by any means
24    causes bodily harm to the merchant.
25        (10) A person authorized to serve process under Section
26    2-202 of the Code of Civil Procedure or a special process

 

 

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1    server appointed by the circuit court while that individual
2    is in the performance of his or her duties as a process
3    server.
4        (11) A nurse while in the performance of his or her
5    duties as a nurse.
6    (e) Offense based on use of a firearm. A person commits
7aggravated battery when, in committing a battery, he or she
8knowingly does any of the following:
9        (1) Discharges a firearm, other than a machine gun or a
10    firearm equipped with a silencer, and causes any injury to
11    another person.
12        (2) Discharges a firearm, other than a machine gun or a
13    firearm equipped with a silencer, and causes any injury to
14    a person he or she knows to be a peace officer, community
15    policing volunteer, person summoned by a police officer,
16    fireman, private security officer, correctional
17    institution employee, or emergency management worker:
18            (i) performing his or her official duties;
19            (ii) battered to prevent performance of his or her
20        official duties; or
21            (iii) battered in retaliation for performing his
22        or her official duties.
23        (3) Discharges a firearm, other than a machine gun or a
24    firearm equipped with a silencer, and causes any injury to
25    a person he or she knows to be emergency medical services
26    personnel:

 

 

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

 

 

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1    knows to be emergency medical services personnel:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her
4        official duties; or
5            (iii) battered in retaliation for performing his
6        or her official duties.
7        (8) Discharges a machine gun or a firearm equipped with
8    a silencer, and causes any injury to a person he or she
9    knows to be a teacher, or a student in a school, or a
10    school employee, and the teacher, student, or employee is
11    upon school grounds or grounds adjacent to a school or in
12    any part of a building used for school purposes.
13    (f) Offense based on use of a weapon or device. A person
14commits aggravated battery when, in committing a battery, he or
15she does any of the following:
16        (1) Uses a deadly weapon other than by discharge of a
17    firearm, or uses an air rifle as defined in Section
18    24.8-0.1 of this Code.
19        (2) Wears a hood, robe, or mask to conceal his or her
20    identity.
21        (3) Knowingly and without lawful justification shines
22    or flashes a laser gunsight or other laser device attached
23    to a firearm, or used in concert with a firearm, so that
24    the laser beam strikes upon or against the person of
25    another.
26        (4) Knowingly video or audio records the offense with

 

 

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1    the intent to disseminate the recording.
2    (g) Offense based on certain conduct. A person commits
3aggravated battery when, other than by discharge of a firearm,
4he or she does any of the following:
5        (1) Violates Section 401 of the Illinois Controlled
6    Substances Act by unlawfully delivering a controlled
7    substance to another and any user experiences great bodily
8    harm or permanent disability as a result of the injection,
9    inhalation, or ingestion of any amount of the controlled
10    substance.
11        (2) Knowingly administers to an individual or causes
12    him or her to take, without his or her consent or by threat
13    or deception, and for other than medical purposes, any
14    intoxicating, poisonous, stupefying, narcotic, anesthetic,
15    or controlled substance, or gives to another person any
16    food containing any substance or object intended to cause
17    physical injury if eaten.
18        (3) Knowingly causes or attempts to cause a
19    correctional institution employee or Department of Human
20    Services employee to come into contact with blood, seminal
21    fluid, urine, or feces by throwing, tossing, or expelling
22    the fluid or material, and the person is an inmate of a
23    penal institution or is a sexually dangerous person or
24    sexually violent person in the custody of the Department of
25    Human Services.
26    (h) Sentence. Unless otherwise provided, aggravated

 

 

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1battery is a Class 3 felony.
2    Aggravated battery as defined in subdivision (a)(4),
3(d)(4), or (g)(3) is a Class 2 felony.
4    Aggravated battery as defined in subdivision (a)(3) or
5(g)(1) is a Class 1 felony.
6    Aggravated battery as defined in subdivision (a)(1) is a
7Class 1 felony when the aggravated battery was intentional and
8involved the infliction of torture, as defined in paragraph
9(14) of subsection (b) of Section 9-1 of this Code, as the
10infliction of or subjection to extreme physical pain, motivated
11by an intent to increase or prolong the pain, suffering, or
12agony of the victim.
13    Aggravated battery as defined in subdivision (a)(1) is a
14Class 2 felony when the person causes great bodily harm or
15permanent disability to an individual whom the person knows to
16be a member of a congregation engaged in prayer or other
17religious activities at a church, synagogue, mosque, or other
18building, structure, or place used for religious worship.
19    Aggravated battery under subdivision (a)(5) is a Class 1
20felony if:
21        (A) the person used or attempted to use a dangerous
22    instrument while committing the offense; or
23        (B) the person caused great bodily harm or permanent
24    disability or disfigurement to the other person while
25    committing the offense; or
26        (C) the person has been previously convicted of a

 

 

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1    violation of subdivision (a)(5) under the laws of this
2    State or laws similar to subdivision (a)(5) of any other
3    state.
4    Aggravated battery as defined in subdivision (e)(1) is a
5Class X felony.
6    Aggravated battery as defined in subdivision (a)(2) is a
7Class X felony for which a person shall be sentenced to a term
8of imprisonment of a minimum of 6 years and a maximum of 45
9years.
10    Aggravated battery as defined in subdivision (e)(5) is a
11Class X felony for which a person shall be sentenced to a term
12of imprisonment of a minimum of 12 years and a maximum of 45
13years.
14    Aggravated battery as defined in subdivision (e)(2),
15(e)(3), or (e)(4) is a Class X felony for which a person shall
16be sentenced to a term of imprisonment of a minimum of 15 years
17and a maximum of 60 years.
18    Aggravated battery as defined in subdivision (e)(6),
19(e)(7), or (e)(8) is a Class X felony for which a person shall
20be sentenced to a term of imprisonment of a minimum of 20 years
21and a maximum of 60 years.
22    Aggravated battery as defined in subdivision (b)(1) is a
23Class X felony, except that:
24        (1) if the person committed the offense while armed
25    with a firearm, 15 years shall be added to the term of
26    imprisonment imposed by the court;

 

 

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1        (2) if, during the commission of the offense, the
2    person personally discharged a firearm, 20 years shall be
3    added to the term of imprisonment imposed by the court;
4        (3) if, during the commission of the offense, the
5    person personally discharged a firearm that proximately
6    caused great bodily harm, permanent disability, permanent
7    disfigurement, or death to another person, 25 years or up
8    to a term of natural life shall be added to the term of
9    imprisonment imposed by the court.
10    (i) Definitions. In this Section:
11    "Building or other structure used to provide shelter" has
12the meaning ascribed to "shelter" in Section 1 of the Domestic
13Violence Shelters Act.
14    "Domestic violence" has the meaning ascribed to it in
15Section 103 of the Illinois Domestic Violence Act of 1986.
16    "Domestic violence shelter" means any building or other
17structure used to provide shelter or other services to victims
18or to the dependent children of victims of domestic violence
19pursuant to the Illinois Domestic Violence Act of 1986 or the
20Domestic Violence Shelters Act, or any place within 500 feet of
21such a building or other structure in the case of a person who
22is going to or from such a building or other structure.
23    "Firearm" has the meaning provided under Section 1.1 of the
24Firearm Owners Identification Card Act, and does not include an
25air rifle as defined by Section 24.8-0.1 of this Code.
26    "Machine gun" has the meaning ascribed to it in Section

 

 

SB2526- 20 -LRB101 18149 RLC 67590 b

124-1 of this Code.
2    "Merchant" has the meaning ascribed to it in Section 16-0.1
3of this Code.
4    "Strangle" means intentionally impeding the normal
5breathing or circulation of the blood of an individual by
6applying pressure on the throat or neck of that individual or
7by blocking the nose or mouth of that individual.
8(Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)