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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||
5 | Section 12-2 as follows:
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6 | (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
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7 | Sec. 12-2. Aggravated assault.
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8 | (a) A person commits an aggravated assault, when, in | ||||||||||||||||||||||||
9 | committing an
assault, he:
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10 | (1) Uses a deadly weapon or any device manufactured and | ||||||||||||||||||||||||
11 | designed to be
substantially similar in appearance to a | ||||||||||||||||||||||||
12 | firearm, other than by
discharging a firearm in the | ||||||||||||||||||||||||
13 | direction of another person, a peace
officer, a person | ||||||||||||||||||||||||
14 | summoned or directed by a peace officer, a correctional
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15 | officer or a fireman or in the direction of a vehicle | ||||||||||||||||||||||||
16 | occupied by another
person, a peace officer, a person | ||||||||||||||||||||||||
17 | summoned or directed by a peace officer,
a correctional | ||||||||||||||||||||||||
18 | officer or a fireman while the officer or fireman is
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19 | engaged in the execution of any of his official duties, or | ||||||||||||||||||||||||
20 | to prevent the
officer or fireman from performing his | ||||||||||||||||||||||||
21 | official duties, or in retaliation
for the officer or | ||||||||||||||||||||||||
22 | fireman performing his official duties;
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23 | (2) Is hooded, robed or masked in such manner as to | ||||||||||||||||||||||||
24 | conceal his
identity or any device manufactured and | ||||||||||||||||||||||||
25 | designed to be substantially
similar in appearance to a | ||||||||||||||||||||||||
26 | firearm;
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27 | (3) Knows the individual assaulted to be a teacher or | ||||||||||||||||||||||||
28 | other person
employed in any school and such teacher or | ||||||||||||||||||||||||
29 | other employee is upon the
grounds of a school or grounds | ||||||||||||||||||||||||
30 | adjacent thereto, or is in any part of a
building used for | ||||||||||||||||||||||||
31 | school purposes;
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32 | (4) Knows the individual assaulted to be a supervisor, |
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1 | director,
instructor or other person employed in any park | ||||||
2 | district and such
supervisor, director, instructor or | ||||||
3 | other employee is upon the grounds of
the park or grounds | ||||||
4 | adjacent thereto, or is in any part of a building used
for | ||||||
5 | park purposes;
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6 | (5) Knows the individual assaulted to be a caseworker, | ||||||
7 | investigator, or
other person employed by the State | ||||||
8 | Department of Public Aid, a
County
Department of Public | ||||||
9 | Aid, or the Department of Human Services (acting as
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10 | successor to the Illinois Department of Public Aid under | ||||||
11 | the Department of
Human Services Act) and such caseworker, | ||||||
12 | investigator, or other person
is upon the grounds of a | ||||||
13 | public aid office or grounds adjacent thereto, or
is in any | ||||||
14 | part of a building used for public aid purposes, or upon | ||||||
15 | the
grounds of a home of a public aid applicant, recipient | ||||||
16 | or any other person
being interviewed or investigated in | ||||||
17 | the employees' discharge of his
duties, or on grounds | ||||||
18 | adjacent thereto, or is in any part of a building in
which | ||||||
19 | the applicant, recipient, or other such person resides or | ||||||
20 | is located;
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21 | (6) Knows the individual assaulted to be a peace | ||||||
22 | officer, or a community
policing volunteer, or a fireman
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23 | while the officer or fireman is engaged in the execution of | ||||||
24 | any of his
official duties, or to prevent the officer, | ||||||
25 | community policing volunteer,
or fireman from performing
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26 | his official duties, or in retaliation for the officer, | ||||||
27 | community policing
volunteer, or fireman
performing his | ||||||
28 | official duties, and the assault is committed other than by
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29 | the discharge of a firearm in the direction of the officer | ||||||
30 | or fireman or
in the direction of a vehicle occupied by the | ||||||
31 | officer or fireman;
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32 | (7) Knows the individual assaulted to be
an emergency | ||||||
33 | medical technician - ambulance, emergency medical
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34 | technician - intermediate, emergency medical technician - | ||||||
35 | paramedic, ambulance
driver or other medical
assistance or | ||||||
36 | first aid personnel engaged in the
execution of any of his |
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1 | official duties, or to prevent the
emergency medical | ||||||
2 | technician - ambulance, emergency medical
technician - | ||||||
3 | intermediate, emergency medical technician - paramedic,
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4 | ambulance driver, or other medical assistance or first aid | ||||||
5 | personnel from
performing his official duties, or in | ||||||
6 | retaliation for the
emergency medical technician - | ||||||
7 | ambulance, emergency medical
technician - intermediate, | ||||||
8 | emergency medical technician - paramedic,
ambulance | ||||||
9 | driver, or other medical assistance or first aid personnel
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10 | performing his official duties;
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11 | (8) Knows the individual assaulted to be the driver, | ||||||
12 | operator, employee
or passenger of any transportation | ||||||
13 | facility or system engaged in the
business of | ||||||
14 | transportation of the public for hire and the individual
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15 | assaulted is then performing in such capacity or then using | ||||||
16 | such public
transportation as a passenger or using any area | ||||||
17 | of any description
designated by the transportation | ||||||
18 | facility or system as a vehicle boarding,
departure, or | ||||||
19 | transfer location;
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20 | (9) Or the individual assaulted is on or about a public | ||||||
21 | way, public
property, or public place of accommodation or | ||||||
22 | amusement;
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23 | (10) Knows the individual assaulted to be an employee | ||||||
24 | of the State of
Illinois, a municipal corporation therein | ||||||
25 | or a political subdivision
thereof, engaged in the | ||||||
26 | performance of his authorized duties as such
employee;
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27 | (11) Knowingly and without legal justification, | ||||||
28 | commits an assault on
a physically handicapped person;
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29 | (12) Knowingly and without legal justification, | ||||||
30 | commits an assault on a
person 60 years of age or older;
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31 | (13) Discharges a firearm;
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32 | (14) Knows the individual assaulted to be a | ||||||
33 | correctional officer, while
the officer is engaged in the | ||||||
34 | execution of any of his or her official duties,
or to | ||||||
35 | prevent the officer from performing his or her official | ||||||
36 | duties, or in
retaliation for the officer performing his or |
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1 | her official duties;
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2 | (15) Knows the individual assaulted to be a | ||||||
3 | correctional employee or
an employee of the Department of | ||||||
4 | Human Services supervising or controlling
sexually | ||||||
5 | dangerous persons or sexually violent persons, while
the | ||||||
6 | employee is engaged in the execution of any of his or her | ||||||
7 | official duties,
or to prevent the employee from performing | ||||||
8 | his or her official duties, or in
retaliation for the | ||||||
9 | employee performing his or her official duties, and the
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10 | assault is committed other than by the discharge of a | ||||||
11 | firearm in the direction
of the employee or in the | ||||||
12 | direction of a vehicle occupied by the employee;
or
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13 | (16) Knows the individual assaulted to be an employee | ||||||
14 | of a police or
sheriff's department engaged in the | ||||||
15 | performance of his or her official duties
as such employee ; | ||||||
16 | or .
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17 | (17) Knows the individual assaulted to be a sports | ||||||
18 | official or coach at any level of competition and the act | ||||||
19 | causing the assault to the sports official or coach | ||||||
20 | occurred within an athletic facility or within the | ||||||
21 | immediate vicinity of the athletic facility at which the | ||||||
22 | sports official or coach was an active participant in the | ||||||
23 | athletic contest held at the athletic facility. For the | ||||||
24 | purposes of this paragraph (17), "sports official" means a | ||||||
25 | person at an athletic contest who enforces the rules of the | ||||||
26 | contest, such as an umpire or referee; and "coach" means a | ||||||
27 | person recognized as a coach by the sanctioning authority | ||||||
28 | that conducted the athletic contest.
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29 | (a-5) A person commits an aggravated assault when he or she | ||||||
30 | knowingly and
without lawful justification shines or flashes a | ||||||
31 | laser gunsight or other laser
device that is attached or | ||||||
32 | affixed to a firearm, or used in concert with a
firearm, so | ||||||
33 | that the laser beam strikes near or in the immediate vicinity | ||||||
34 | of
any person.
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35 | (b) Sentence.
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36 | Aggravated assault as defined in paragraphs (1) through (5) |
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1 | and (8) through
(12) and (17) of subsection (a) of this Section | ||||||
2 | is a Class A misdemeanor. Aggravated
assault as defined in | ||||||
3 | paragraphs (13), (14), and (15) of subsection (a) of this
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4 | Section and as defined in subsection (a-5) of this Section is a | ||||||
5 | Class 4
felony. Aggravated assault as defined in paragraphs
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6 | (6), (7), and (16) of
subsection (a) of this Section is a Class | ||||||
7 | A misdemeanor if a firearm is not
used in the commission of the | ||||||
8 | assault. Aggravated assault as defined in
paragraphs (6), (7), | ||||||
9 | and (16) of subsection (a) of this
Section is a Class 4 felony | ||||||
10 | if a firearm is used in the commission of the
assault.
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11 | (Source: P.A. 91-672, eff. 1-1-00; 92-841, eff. 8-22-02; | ||||||
12 | 92-865, eff.
1-3-03; revised 1-9-03.)
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