Rep. Daniel J. Burke
Filed: 2/9/2006
 
 

 




 

 		












09400HB4132ham002

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AMENDMENT TO HOUSE BILL 4132 




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    AMENDMENT NO. ______. Amend House Bill 4132, AS AMENDED, by 
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replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by 
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changing 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 or other deadly weapon, other than by
discharging a 
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    firearm in the direction of another person, a peace

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    officer, a person summoned or directed by a peace officer, 
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    a correctional
officer or a fireman or in the direction of 
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    a vehicle occupied by another
person, a peace officer, a 
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    person summoned or directed by a peace officer,
a 
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    correctional officer or a fireman while the officer or 
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    fireman is
engaged in the execution of any of his official 
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    duties, or to prevent the
officer or fireman from 
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    performing his official duties, or in retaliation
for the 
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    officer or 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 Department of 
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    Healthcare and Family Services (formerly State Department 
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    of Public Aid), a
County
Department of Public Aid, or the 
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    Department of Human Services (acting as
successor to the 
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    Illinois Department of Public Aid under the Department of

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    Human Services Act) and such caseworker, investigator, or 
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    other person
is upon the grounds of a public aid office or 
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    grounds adjacent thereto, or
is in any part of a building 
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    used for public aid purposes, or upon the
grounds of a home 
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    of a public aid applicant, recipient or any other person

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    being interviewed or investigated in the employees' 
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    discharge of his
duties, or on grounds adjacent thereto, or 
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    is in any part of a building in
which the applicant, 
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    recipient, or other such person resides or 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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        (9.5) Is, or the individual assaulted is, in or about a 
 


 






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    publicly or privately owned sports or entertainment arena, 
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    stadium, community or convention hall, special event 
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    center, amusement facility, or a special event center in a 
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    public park during any 24-hour period when a professional 
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    sporting event, National Collegiate Athletic Association 
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    (NCAA)-sanctioned sporting event, United States Olympic 
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    Committee-sanctioned sporting event, or International 
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    Olympic Committee-sanctioned sporting event is taking 
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    place in this venue;


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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;



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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 an indoor or 
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    outdoor playing field or within the immediate vicinity of 
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    the athletic facility or an indoor or outdoor playing field 
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    at which the sports official or  coach was an active 
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    participant in the athletic contest held at the athletic 
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    facility.  For the purposes of this paragraph (17), "sports 
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    official" means a person at an athletic contest who 
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    enforces the rules of the contest, such as an umpire or 
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    referee; and "coach" means a person recognized as a coach 
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    by the sanctioning authority that conducted the athletic 
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    contest; or .

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        (18) Knows the individual assaulted to be an emergency 
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    management
worker, while the emergency management worker 
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    is engaged in the execution of
any of his or her official 
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    duties,
or to prevent the emergency management worker from 
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    performing his or her
official duties, or in retaliation 
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    for the emergency management worker
performing his or her 
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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 
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    emergency management
worker or in the direction of a 
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    vehicle occupied by the emergency management
worker.

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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), (16), and (18) of
subsection (a) of this Section is a 
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Class A misdemeanor if a firearm is not
used in the commission 
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of the assault.  Aggravated assault as defined in
paragraphs 
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(6), (7), (16), and (18) of subsection (a) of this
Section is a 
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Class 4 felony if a firearm is used in the commission of the

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assault.

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(Source: P.A. 93-692, eff. 1-1-05; 94-243, eff. 1-1-06; 94-482, 
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eff. 1-1-06; revised 12-15-05.)".