94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4654

 

Introduced 01/12/06, by Rep. Robert F. Flider

 

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

    Amends the Criminal Code of 1961. Provides that a person also commits aggravated battery when he or she, in committing a battery, knows the individual harmed to be a school bus driver engaged in the performance of any of his or her duties, or commits the battery to prevent the school bus driver from performing his or her duties or in retaliation for the school bus driver performing his or her duties. Provides that a violation is a Class 3 felony.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4654 LRB094 18177 RLC 53488 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 12-4 as follows:
 
6     (720 ILCS 5/12-4)  (from Ch. 38, par. 12-4)
7     Sec. 12-4. Aggravated Battery.
8     (a) A person who, in committing a battery, intentionally or
9 knowingly causes great bodily harm, or permanent disability or
10 disfigurement commits aggravated battery.
11     (b) In committing a battery, a person commits aggravated
12 battery if he or she:
13         (1) Uses a deadly weapon other than by the discharge of
14     a firearm;
15         (2) Is hooded, robed or masked, in such manner as to
16     conceal his identity;
17         (3) Knows the individual harmed to be a teacher or
18     other person employed in any school and such teacher or
19     other employee is upon the grounds of a school or grounds
20     adjacent thereto, or is in any part of a building used for
21     school purposes;
22         (4) (Blank);
23         (5) (Blank);
24         (6) Knows the individual harmed to be a community
25     policing volunteer while such volunteer is engaged in the
26     execution of any official duties, or to prevent the
27     volunteer from performing official duties, or in
28     retaliation for the volunteer performing official duties,
29     and the battery is committed other than by the discharge of
30     a firearm;
31         (7) Knows the individual harmed to be an emergency
32     medical technician - ambulance, emergency medical

 

 

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1     technician - intermediate, emergency medical technician -
2     paramedic, ambulance driver, other medical assistance,
3     first aid personnel, or hospital personnel engaged in the
4     performance of any of his or her official duties, or to
5     prevent the emergency medical technician - ambulance,
6     emergency medical technician - intermediate, emergency
7     medical technician - paramedic, ambulance driver, other
8     medical assistance, first aid personnel, or hospital
9     personnel from performing official duties, or in
10     retaliation for performing official duties;
11         (8) Is, or the person battered is, on or about a public
12     way, public property or public place of accommodation or
13     amusement;
14         (8.5) Is, or the person battered is, on a publicly or
15     privately owned sports or entertainment arena, stadium,
16     community or convention hall, special event center,
17     amusement facility, or a special event center in a public
18     park during any 24-hour period when a professional sporting
19     event, National Collegiate Athletic Association
20     (NCAA)-sanctioned sporting event, United States Olympic
21     Committee-sanctioned sporting event, or International
22     Olympic Committee-sanctioned sporting event is taking
23     place in this venue;
24         (9) Knows the individual harmed to be the driver,
25     operator, employee or passenger of any transportation
26     facility or system engaged in the business of
27     transportation of the public for hire and the individual
28     assaulted is then performing in such capacity or then using
29     such public transportation as a passenger or using any area
30     of any description designated by the transportation
31     facility or system as a vehicle boarding, departure, or
32     transfer location;
33         (9.5) Knows the individual harmed to be a school bus
34     driver engaged in the performance of any of his or her
35     duties, or commits the battery to prevent the school bus
36     driver from performing his or her duties or in retaliation

 

 

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1     for the school bus driver performing his or her duties;
2         (10) Knows the individual harmed to be an individual of
3     60 years of age or older;
4         (11) Knows the individual harmed is pregnant;
5         (12) Knows the individual harmed to be a judge whom the
6     person intended to harm as a result of the judge's
7     performance of his or her official duties as a judge;
8         (13) (Blank);
9         (14) Knows the individual harmed to be a person who is
10     physically handicapped;
11         (15) Knowingly and without legal justification and by
12     any means causes bodily harm to a merchant who detains the
13     person for an alleged commission of retail theft under
14     Section 16A-5 of this Code. In this item (15), "merchant"
15     has the meaning ascribed to it in Section 16A-2.4 of this
16     Code;
17         (16) Is, or the person battered is, in any building or
18     other structure used to provide shelter or other services
19     to victims or to the dependent children of victims of
20     domestic violence pursuant to the Illinois Domestic
21     Violence Act of 1986 or the Domestic Violence Shelters Act,
22     or the person battered is within 500 feet of such a
23     building or other structure while going to or from such a
24     building or other structure. "Domestic violence" has the
25     meaning ascribed to it in Section 103 of the Illinois
26     Domestic Violence Act of 1986. "Building or other structure
27     used to provide shelter" has the meaning ascribed to
28     "shelter" in Section 1 of the Domestic Violence Shelters
29     Act;
30         (17) (Blank); or
31         (18) Knows the individual harmed to be an officer or
32     employee of the State of Illinois, a unit of local
33     government, or school district engaged in the performance
34     of his or her authorized duties as such officer or
35     employee; or .
36         (19) (18) Knows the individual harmed to be an

 

 

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1     emergency management worker engaged in the performance of
2     any of his or her official duties, or to prevent the
3     emergency management worker from performing official
4     duties, or in retaliation for the emergency management
5     worker performing official duties.
6     For the purposes of paragraph (9.5) of subsection (b) of
7 this Section, "school bus" has the meaning ascribed to it in
8 Section 1-182 of the Illinois Vehicle Code and "school bus
9 driver" means a person operating a school bus who has a valid
10 school bus driver permit as required under Sections 6-104 and
11 6-106.1 of the Illinois Vehicle Code.
12     For the purpose of paragraph (14) of subsection (b) of this
13 Section, a physically handicapped person is a person who
14 suffers from a permanent and disabling physical
15 characteristic, resulting from disease, injury, functional
16 disorder or congenital condition.
17     (c) A person who administers to an individual or causes him
18 to take, without his consent or by threat or deception, and for
19 other than medical purposes, any intoxicating, poisonous,
20 stupefying, narcotic, anesthetic, or controlled substance
21 commits aggravated battery.
22     (d) A person who knowingly gives to another person any food
23 that contains any substance or object that is intended to cause
24 physical injury if eaten, commits aggravated battery.
25     (d-3) A person commits aggravated battery when he or she
26 knowingly and without lawful justification shines or flashes a
27 laser gunsight or other laser device that is attached or
28 affixed to a firearm, or used in concert with a firearm, so
29 that the laser beam strikes upon or against the person of
30 another.
31     (d-5) An inmate of a penal institution or a sexually
32 dangerous person or a sexually violent person in the custody of
33 the Department of Human Services who causes or attempts to
34 cause a correctional employee of the penal institution or an
35 employee of the Department of Human Services to come into
36 contact with blood, seminal fluid, urine, or feces, by

 

 

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1 throwing, tossing, or expelling that fluid or material commits
2 aggravated battery. For purposes of this subsection (d-5),
3 "correctional employee" means a person who is employed by a
4 penal institution.
5     (e) Sentence.
6         (1) Except as otherwise provided in paragraphs (2) and
7     (3), aggravated battery is a Class 3 felony.
8         (2) Aggravated battery that does not cause great bodily
9     harm or permanent disability or disfigurement is a Class 2
10     felony when the person knows the individual harmed to be a
11     peace officer, a community policing volunteer, a
12     correctional institution employee, an employee of the
13     Department of Human Services supervising or controlling
14     sexually dangerous persons or sexually violent persons, or
15     a fireman while such officer, volunteer, employee, or
16     fireman is engaged in the execution of any official duties
17     including arrest or attempted arrest, or to prevent the
18     officer, volunteer, employee, or fireman from performing
19     official duties, or in retaliation for the officer,
20     volunteer, employee, or fireman performing official
21     duties, and the battery is committed other than by the
22     discharge of a firearm.
23         (3) Aggravated battery that causes great bodily harm or
24     permanent disability or disfigurement in violation of
25     subsection (a) is a Class 1 felony when the person knows
26     the individual harmed to be a peace officer, a community
27     policing volunteer, a correctional institution employee,
28     an employee of the Department of Human Services supervising
29     or controlling sexually dangerous persons or sexually
30     violent persons, or a fireman while such officer,
31     volunteer, employee, or fireman is engaged in the execution
32     of any official duties including arrest or attempted
33     arrest, or to prevent the officer, volunteer, employee, or
34     fireman from performing official duties, or in retaliation
35     for the officer, volunteer, employee, or fireman
36     performing official duties, and the battery is committed

 

 

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1     other than by the discharge of a firearm.
2 (Source: P.A. 93-83, eff. 7-2-03; 94-243, eff. 1-1-06; 94-327,
3 eff. 1-1-06; 94-333, eff. 7-26-05; 94-363, eff. 7-29-05;
4 94-482, eff. 1-1-06; revised 8-19-05.)