93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4023


 
Introduced 1/14/2004, by Paul D. Froehlich, Kevin Joyce, James D. Brosnahan, Terry R. Parke
 
SYNOPSIS AS INTRODUCED:
 		














720 ILCS 5/12-2
  from Ch. 38, par. 12-2







    Amends the Criminal Code of 1961.  Provides that a person commits  aggravated  assault when he or she  knows the individual assaulted to be a sports official or coach at any level of competition and the act causing the assault to the sports official or coach occurred within an athletic facility or within the immediate vicinity of the athletic facility at which the sports official or  coach was an active participant in the athletic contest held at the athletic facility.  Provides that a violation is a Class A misdemeanor.   



















LRB093 15441 RLC 41044 b




















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4023

LRB093 15441 RLC 41044 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 12-2 as follows:
 



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    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)



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    Sec. 12-2. Aggravated assault. 

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    (a) A person commits an aggravated assault, when, in 
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committing an
assault, he:


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        (1) Uses a deadly weapon or any device manufactured and 
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    designed to be
substantially similar in appearance to a 
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    firearm, other than by
discharging a firearm in the 
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    direction of another person, a peace
officer, a person 
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    summoned or directed by a peace officer, a correctional

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    officer or a fireman or in the direction of a vehicle 
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    occupied by another
person, a peace officer, a person 
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    summoned or directed by a peace officer,
a correctional 
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    officer or a fireman while the officer or fireman is

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    engaged in the execution of any of his official duties, or 
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    to prevent the
officer or fireman from performing his 
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    official duties, or in retaliation
for the officer or 
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    fireman performing his official duties;


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        (2) Is hooded, robed or masked in such manner as to 
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    conceal his
identity or any device manufactured and 
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    designed to be substantially
similar in appearance to a 
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    firearm;


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        (3) Knows the individual assaulted 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) Knows the individual assaulted to be a supervisor, 
 


 









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    director,
instructor or other person employed in any park 
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    district and such
supervisor, director, instructor or 
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    other employee is upon the grounds of
the park or grounds 
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    adjacent thereto, or is in any part of a building used
for 
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    park purposes;


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        (5) Knows the individual assaulted to be a caseworker, 
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    investigator, or
other person employed by the State 
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    Department of Public Aid, a
County
Department of Public 
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    Aid, or the Department of Human Services (acting as

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    successor to the Illinois Department of Public Aid under 
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    the Department of
Human Services Act) and such caseworker, 
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    investigator, or other person
is upon the grounds of a 
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    public aid office or grounds adjacent thereto, or
is in any 
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    part of a building used for public aid purposes, or upon 
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    the
grounds of a home of a public aid applicant, recipient 
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    or any other person
being interviewed or investigated in 
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    the employees' discharge of his
duties, or on grounds 
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    adjacent thereto, or is in any part of a building in
which 
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    the applicant, recipient, or other such person resides or 
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    is located;


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        (6) Knows the individual assaulted to be a peace 
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    officer, or a community
policing volunteer, or a fireman

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    while the officer or fireman is engaged in the execution of 
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    any of his
official duties, or to prevent the officer, 
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    community policing volunteer,
or fireman from performing

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    his official duties, or in retaliation for the officer, 
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    community policing
volunteer, or fireman
performing his 
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    official duties, and the assault is committed other than by

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    the discharge of a firearm in the direction of the officer 
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    or fireman or
in the direction of a vehicle occupied by the 
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    officer or fireman;


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        (7) Knows the individual assaulted 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 or other medical
assistance or 
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    first aid personnel engaged in the
execution of any of his 
 


 









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    official duties, or to prevent the
emergency medical 
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    technician - ambulance, emergency medical
technician - 
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    intermediate, emergency medical technician - paramedic,

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    ambulance driver, or other medical assistance or first aid 
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    personnel from
performing his official duties, or in 
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    retaliation for the
emergency medical technician - 
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    ambulance, emergency medical
technician - intermediate, 
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    emergency medical technician - paramedic,
ambulance 
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    driver, or other medical assistance or first aid personnel

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    performing his official duties;


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        (8) Knows the individual assaulted 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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        (9) Or the individual assaulted 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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        (10) Knows the individual assaulted to be an employee 
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    of the State of
Illinois, a municipal corporation therein 
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    or a political subdivision
thereof, engaged in the 
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    performance of his authorized duties as such
employee;


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        (11) Knowingly and without legal justification, 
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    commits an assault on
a physically handicapped person;


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        (12) Knowingly and without legal justification, 
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    commits an assault on a
person 60 years of age or older;


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        (13) Discharges a firearm;


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        (14) Knows the individual assaulted to be a 
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    correctional officer, while
the officer is engaged in the 
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    execution of any of his or her official duties,
or to 
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    prevent the officer from performing his or her official 
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    duties, or in
retaliation for the officer performing his or 
 


 









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    her official duties;


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        (15) Knows the individual assaulted to be a 
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    correctional employee or
an employee of the Department of 
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    Human Services supervising or controlling
sexually 
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    dangerous persons or sexually violent persons, while
the 
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    employee is engaged in the execution of any of his or her 
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    official duties,
or to prevent the employee from performing 
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    his or her official duties, or in
retaliation for the 
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    employee performing his or her official duties, and the

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    assault is committed other than by the discharge of a 
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    firearm in the direction
of the employee or in the 
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    direction of a vehicle occupied by the employee;
or


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        (16) Knows the individual assaulted to be an employee 
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    of a police or
sheriff's department engaged in the 
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    performance of his or her official duties
as such employee; 
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    or .

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        (17) Knows the individual assaulted to be a sports 
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    official or coach at any level of competition and the act 
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    causing the assault to the sports official or coach 
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    occurred within an athletic facility or within the 
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    immediate vicinity of the athletic facility at which the 
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    sports official or  coach was an active participant in the 
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    athletic contest held at the athletic facility.  For the 
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    purposes of this paragraph (17), "sports official" means a 
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    person at an athletic contest who enforces the rules of the 
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    contest, such as an umpire or referee; and "coach" means a 
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    person recognized as a coach by the sanctioning authority 
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    that conducted the athletic contest.

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    (a-5) A person commits an aggravated assault 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 near or in the immediate vicinity 
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of
any person.

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    (b) Sentence.

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    Aggravated assault as defined in paragraphs (1) through (5) 
 


 









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and (8) through
(12) and (17) of subsection (a) of this Section 
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is a Class A misdemeanor.  Aggravated
assault as defined in 
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paragraphs (13), (14), and (15) of subsection (a) of this

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Section and as defined in subsection (a-5) of this Section is a 
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Class 4
felony.  Aggravated assault as defined in paragraphs

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(6), (7), and (16) of
subsection (a) of this Section is a Class 
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A misdemeanor if a firearm is not
used in the commission of the 
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assault.  Aggravated assault as defined in
paragraphs (6), (7), 
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and (16) of subsection (a) of this
Section is a Class 4 felony 
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if a firearm is used in the commission of the
assault.

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(Source: P.A. 91-672, eff. 1-1-00; 92-841, eff. 8-22-02; 
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92-865, eff.
1-3-03; revised 1-9-03.)